Vol. 14, Part I · pages 201–205

DR. AMBEDKAR AND THE HINDU CODE BILL 183 115. 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 others, devolves 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, 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. (139) 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. (140) 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 properly: 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. (141) 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. (142) Part II, sec. 12, page 9. Part II, sec. 18, page 11. Part II, sec. 19, page 1. (New)

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES184 (143) 119. Murderer disqualified. —A person who commits murder or abets the commission of murder shall be disqualified from inheriting the property of the person murdered, or any other property in furtherance of the succession to which he or she committed or abetted the commission of the murder. (144) 120. Convert’s descendants disqualified. —Where, before or after the commencement of this Code, a Hindu has ceased or ceases to be one by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified from inheriting the property of any of their Hindu relatives, unless such children or descendants arc Hindus at the time when the succession opens. (145) 121. Succession when heir disqualified. —If any person is disqualified from inheriting any property under this Chapter, it shall devolve as if such person had died before the intestate. (146) 122. Disease, defect, etc., not to disqualify. —No person shall be disqualified from succeeding to any property on the ground of any disease, defect or deformity, or save as provided in this Chapter, on any other ground whatsoever. (147) Escheat 123. Failure of heirs. —If an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Part, such property shall go to the Government; and the Government shall take the property subject to all the obligations and liabilities to which an heir would have been subject.

DR. AMBEDKAR AND THE HINDU CODE BILL 185 119. Murderer disqualified. —A person who commits murder or abets the commission of murder shall be disqualified from inheriting the property of the person murdered, or any other property in furtherance of the succession to which he or she committed or abetted the commission of the murder. (143) 120. Convert’s descendants disqualified. —Where, before or after the commencement of this Code, a Hindu has ceased or ceases to be one by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified from inheriting the property of any of their Hindu relatives, unless such children or descendants are Hindus at the time when the succession opens. (144) 121. Succession when heir disqualified. —If any person is disqualified from inheriting any property under this Chapter, it shall devolve as if such person had died before the intestate. (145) 122. Disease, defect, etc., not to disqualify. —No person Part II, shall be disqualified from succeeding to any property on the ground of any disease, defect or deformity, or save as provided in this Chapter, on any other ground whatsoever. (146) Escheat 123. Failure of heirs. —If an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Part, such property shall go to the Crown; and the Crown shall take the property subject to all the obligations and liabilities to which an heir would have been subject. (147) Part II, sec. 20. page 11. Part II, sec. 20. page 11. Part II, sec. 22. page 11. Part II, sec. 23. page 11. Part II, sec. 25. page 11.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES186 (148) CHAPTER III Testamentary succession 124. Testamentary succession. —(1) Any Hindu may dispose of by will or other testamentary disposition any property which is capable of being so disposed of by him in accordance with the provisions of the Indian Succession Act, 1925 (XXXIX of 1925), or any other law for the time being in force and applicable to Hindus. (2) Nothing herein contained shall authorise a Hindu— (a) to deprive any person of any right to maintenance to which such person is entitled under the provisions of this Code or any other law for the time being in force; (b) to create in property any interest or estate which he or she cannot lawfully create.

DR. AMBEDKAR AND THE HINDU CODE BILL 187 CHAPTER III Testamentary succession 124. Testamentary succession. —(1) Any Hindu may dispose of by will or other testamentary disposition any property which is capable of being so disposed of by him in accordance with the provisions of the Indian Succession Act, 1925 (XXXIX of 1925), or any other law for the time being in force and applicable to Hindus. (2) Nothing herein contained shall authorise a Hindu— (a) to deprive any person of any right to maintenance to which such person is entitled under the provisions of this Code or any other law for the time being in force; (b) to create in property any interest or estate which he or she cannot lawfully create. (148) Part III, sec. 1. page 12.