Vol. 14, Part I · pages 191–195

DR. AMBEDKAR AND THE HINDU CODE BILL 173 Succession to the property of a Hindu woman 106. Heirs of a Hindu woman. —Subject to the provisions of this Chapter, the property of a Hindu woman dying intestate shall devolve— (a) firstly, upon the husband and children, including the children of any predeceased child, and (b) secondly, if there is no heir specified in clause (a), then, upon the heirs specified in section 109 in the order named therein. (128) 107. Division of shares among heirs. —(1) Where a Hindu woman diesintestate leaving husband and children, the property of which she dies intestate shall be divided among her husband and children so that they share equally. (2) Where a Hindu woman dies intestate leaving children but no husband, the property of which she dies intestate shall be divided among the children, so that they share equally. (3) If any child of a Hindu woman dying intestate has died in her life time, leaving children alive at the time of her death, the children of such child shall take the share which such child would have taken if living at the intestate’s death. (129) 108. Husband succeeds where no children. —Where a Hindu woman dies Intestate leaving husband but no children, including children of any predeceased child entitled to succeed under section 107, the property of which she dies intestate shall devolve upon the husband. (130) Part II, sec. 14, page 9. Part II, sec. 14, page 9. Part II, sec. 14, page 9.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES174 (131) 109. Other heirs of the woman’s property. —Where a Hindu woman dies leaving no heirs specified in section 107 or 108, then the property of which she dies intestate shall devolve upon the following heir in the order named hereunder, namely,— (1) mother, father; (2) husband’s heirs, in the same order and according to the same rules as would have applied, if the property had been his and he had died intestate in respect thereof immediately after his wife; (3) mother’s heirs, in the same order and according to the same rules as would have applied, if the property had been hers and she had died intestate in respect thereof immediately after her daughter; (4) father’s heirs, in the same order and according to the same rules as would have applied, if the property had been his and he had died intestate in respect thereof immediately after his daughter.

DR. AMBEDKAR AND THE HINDU CODE BILL 175 109. Other heirs of the woman’s property. —Where a Hindu woman dies leaving no heirs specified in sections 107 or 108, then the property of which she dies intestate shall devolve upon the following heir in the order named hereunder, namely,— (1) mother, father; (2) husband’s heirs, in the same order and according to the same rules as would have applied, if the property had been his and he had died intestate in respect thereof immediately after his wife; (3) mother’s heirs, in the same order and according to the same rules as would have applied, if the property had been hers and she had died intestate in respect thereof immediately after her daughter; (4) father’s heirs, in the same order and according to the same rules as would have applied, if the property had been his and he had died intestate in respect thereof immediately after his daughter. (131) Part II, sec. 14, page 2.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES176 (132) Succession to the property of female Marumakkattayis, etc. 109A. Rules of succession to Marumakkattayam or Aliyasantana female dying intestate. —Notwithstanding anything contained in this Part, the separate or self-acquired property of a female Hindu, who if this Code had not been passed would have been governed by the Marumakkattayam or Aliyasantana law shall, if she dies intestate in respect thereof, devolve in the order and according to the rules specified below, namely:— (a) where the intestate has left her surviving a lineal descendant or descendants, the whole of such property shall devolve on such descendant or descendants in accordance with the provisions contained in clauses (a) to (c) of section 105D; (b) in the absence of any lineal descendants of the intestate, the whole of the property shall devolve on the intestate’s mother or, in her absence, on her lineal descendant or descendants; (c) where the intestate has not left her surviving any lineal descendant of herself or of her mother but has left her husband and her maternal grandmother or her lineal descendant or descendants, one-half of the property shall devolve on her grand-mother or, in her absence, on her lineal descendant or descendants; (d) in the absence of the intestate’s maternal grand-mother and her lineal descendants, the whole of the property shall devolve on the intestate’s husband, and in the absence of the husband, the whole of the property shall devolve on her maternal grand-mother or her lineal descendant or descendants, as the case may be; (e) where the intestate has not left her surviving any of the heirs mentioned in the forgoing clauses, the whole of the property shall devolve on her mother’s maternal grand-mother or in her absence on her lineal descendant or descendants and, in the absence of any one descendant, on a remoter female ascendant in the female line or, in her absence, on her lineal descendant or descendants, the nearer ascendant and her descendants excluding the more remote ascendants and her descendants ; (f) the distribution of the intestate’s property or any share thereof to which two or more lineal descendants of her mother or other ascendant are entitled under the foregoing clauses shall be made in accordance will the rules specified in clauses (a) to (e) of section 105D, as if the mother or other ascendant had died intestate in respect of such property or shall leaving her surviving the descendants aforesaid.