DR. AMBEDKAR AND THE HINDU CODE BILL 137
PART V.—JOINT FAMILY PROPERTY
86. Birth in family not to give rise to rights in property. —On and after the commencement of this Code, no right to claim any interest in any property of an ancestor during his lifetime, which is founded on the mere fact that the claimant was born in the family of the ancestor shall be recognised in any Court.
Part IIIA, sec. 2, page 12.
Explanation. —In this section, “property” includes both movable and immovable property, whether ancestral or not and whether acquired jointly with other members of the family or by way of acretion to any ancestral property or in any other manner whatsoever.
(90)
87. Joint tenancy to be replaced by tenancy-in- common. —On and after the commencement of this Code, no Court shall recognise any right to or interest in any joint family property, based on the rule of survivorship ; and all persons holding any joint family property on the day this Code comes into force shall be deemed to hold it as tenantsin-common as if a partition had taken place between all the members of the joint family as respects such property on the date of the commencement of this Code and as if each one of them is holding his or her own share separately as full owner thereof:
Part IIIA, sec. 2, page 11.
Provided that nothing in this section shall affect the right to maintenance and residence, if any, of the members of the joint family other than the persons who have become entitled to hold their shares separately, and any such right can be enforced as if this Code had not been passed :
Provided further that in the case of any female who becomes entitled to hold any share separately under the provisions of this section, she shall only take the limited estate known as the Hindu woman’s estate under the law in force before the commencement of this Code and on her death such estate shall revert to the persons entitled thereto under the law in force prior to the commencement of this Code.
(91)
Part II, sec. 3, proviso p. 3.