Vol. 14, Part I · pages 196–200

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES178 (133) 109B. Rules of succession to Nambudri female dying intestate. — Notwithstanding anything contained in this Chapter, the separate or selfacquired property of a female Hindu who, if this Code had not been passed, would have been governed by the Nambudri law, shall, if she dies intestate in respect thereof, devolve in the order, and in accordance with the rules, specified below, namely :— (a) where the intestate has left her surviving any lineal descendant or descendants, the whole of the property shall devolve on such descendant or descendants in accordance with the rules specified in clause (a) to (e) of section 105D. (b) in the absence of any lineal descendant, the property shall devolve on her husband; (c) in the absence of the husband, the property shall devolve upon the heirs in the order, and in accordance with the rules, specified in section 109. (134) Succession to the property of a hermit 110. Rules for hermits, etc. —(1) Where a person completely and finally renounces the world by becoming a hermit or an ascetic or a perpetual religious student his property shall devolve upon his heirs, in the same order and according to the same rules as would have applied if he had died intestate in respect thereof at the time of such renunciation. (2) Any property acquired by such a person after his renunciation shall devolve on his death, not upon his relatives, but as follows: (a) In the case of a hermit upon a spiritual brother belonging to the same hermitage; (b) In the case of an ascetic subject to any custom or usage governing the case, upon his virtuous disciple; and (c) In the case of a perpetual religious student, upon his preceptor.

DR. AMBEDKAR AND THE HINDU CODE BILL 179 Succession to the property of a hermit 110. Rules for hermits, etc. —(1) Where a person completely and finally renounces the world by becoming a hermit or an ascetic or a perpetual religious student his property shall devolve upon his heirs, in the same order and according to the same rules as would have applied if he had died intestate in respect thereof at the time of such renunciation. (2) Any property acquired by such a person after his renunciation shall devolve on his death, not upon his relatives, but as follows:— (a) In the case of a hermit upon a spiritual brother belonging to the same hermitage, (b) In the case of an ascetic subject to any custom or usage governing the case, upon his virtuous disciple; and (c) In the case of a perpetual religious student, upon his preceptor. (134) Part I, sec. 11, page 9.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES180 (135) General provisions relating to succession 111. Full blood preferred to half blood. —Heirs related to an intestate by full blood shall be preferred to heirs related by half blood, if the nature of the relationship is the same in every other respect. * * * * * * (136) 112. Mode of succession of two or more heirs. —If two or more heirs succeed together to the property of an intestate, they shall take the property— (a) save as otherwise expressly provided in this Part, per capita and not per stirpes ; and (b) as tenants-in-common and not as joint tenants. (137) 113. Right of child in womb. —A person who was in the womb at the time of the death of an intestate and who is subsequently born alive shall have the same right to inherit to the intestate as if he or she had been born before the death of the intestate. The inheritance shall be deemed to vest in such a case with effect from the date of the death of the intestate. (138) 114. Presumption of survivorship. —Where two persons have died in circumstances rendering it uncertain whether either of them, and if so which, survived the other then, for all purposes affecting succession to property, it shall be presumed, until the contrary is proved, that the younger survived the elder.

DR. AMBEDKAR AND THE HINDU CODE BILL 181 General provisions relating to succession 111. Full blood preferred to half blood. —Heirs related to an intestate by full blood shall be preferred to heirs related by half blood, if the nature of the relationship is the same in every other respect. Illustration (i) A brother by full blood is preferred to a brother by half blood; but a brother by half blood succeeds before a brother’s son by full blood, a brother being a nearer heir than a brother’s son. (ii) A paternal uncle by half blood is preferred to a paternal uncle’s son by full blood, an uncle being a nearer heir than an uncle’s son. (iii) A full brother’s daughter’s is preferred to a half brother’s daughter’s daughter but the former is not preferred to a half brother’s daughter’s son, as the nature of the relationship is not the same in the two cases. The latter, who is a nearer heir by virtue of rule 4 in section 104 is preferred although he is only related by half blood. (135) 112. Mode of succession of two or more heirs.— If two or more heirs succeed together to the property of an intestate, they shall take the property— (a) save as otherwise expressly provided in this Part, per capita and not per stirpes; and (b) as tenants-in-common and not as joint tenants. (136) 113. Right of child in womb. —A person who was in the womb at the time of the death of an intestate and who is subsequently born alive shall have the same right to inherit to the intestate as if he or she had been born before the death of the intestate. The inheritance shall be deemed to vest in such a case with effect from the date of the death of the intestate. (137) 114. Presumption of survivorship. —Where two persons have died in circumstances rendering it uncertain whether either of them, and if so which, survived the other then, for all purposes affecting succession to property, it shall be presumed, until the contrary is proved, that the younger survived the elder. (138) Part II, sec. 15, page 10. Part II, sec. 24, page 11. Part III-A, Divn. III, sec. 16, page 14.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES182 (139) 115. Application of Partition Act, 1893, in certain cases. —Where, after the commencement of this Code, a share in any immovable property of an intestate or in any business carried on by such intestate, whether solely or in conjunction with other,— (a) devolve upon one or more of the intestate’s son, son’s son, son’s son’s son, together with other relatives, and one of the heirs sues for partition, or (b) devolves upon a daughter, together with any of the male relatives specified in Class I of the Eighth Schedule, and any one of such male relatives compels the daughter to take her share of the property of the intestate for separate enjoyment (which he is hereby empowered to do), the provisions of the Partition Act, 1893 (IV of 1893) shall apply as if there was a partition and as if he or she were the transferee of a share of a dwelling house and the intestate’s family, were an undivided one. (140) Disqualification of heirs 116. Hermit, etc., disqualified. —A person who has completely and finally renounced the world in any of the modes set forth in sub-section (1) of section 110 shall be disqualified from inheriting the property of any of his relatives by blood, marriage or adoption. (141) 117. Unchaste wife disqualified. —A woman, who after marriage, has been unchaste during her husband’s lifetime, shall, unless he has condoned the unchastity, be disqualified from inheriting his property: Provided that the right of a woman to inherit to her husband shall not be questioned on the above ground, unless a Court of law has found her to have been unchaste as aforesaid in a proceeding to which she and her husband were parties and in which the matter was specifically in issue, the finding of the Court not having been subsequently reversed. (142) 118. Disqualification of certain widows remarrying. —The widow of a predeceased son, the widow of a predeceased son of a predeceased son, the father’s widow and the brother’s widow shall not be entitled to succeed as heirs, if on the date the succession opens, they have remarried.