140 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
(94) CHAPTER II
Mitakshara Co-parcenary
90. Application of Chapter. —This Chapter applies to Hindus who would have been governed by the mitakshara school of Hindu law if this Code had not been passed.
90A. Definition. —In this Chapter,—
“ancestral property” means any property acquired by a male Hindu by way of inheritance from his father, father’s father or father’s father’s father, and includes—
(a) any share in the property of any such paternal ancestor allotted to him on partition, and
(b) any accretions to ancestral property;
but shall not be deemed to include—
(i) any gains of learning as defined in the Hindu Gains of Learning Act, 1930 (XXX of 1930), acquired by him;
(ii) any property acquired by him otherwise than by way of inheritance;
(iii) any property acquired by him by way of inheritance from any person other than any of the three immediate paternal ancestors, and
(iv) any other separate property in his possession,
although all or any of such properties are for the time being shared by him jointly with a co-parcener.
Explanation. —Accretions to ancestral property include income from such properly, property purchased or acquired out of such income or with the assistance of such property, the proceeds of sale of such property, and property purchased out of such proceeds;
90B. Co-parcenary. —(1) A person becomes a co-parcener if the following conditions are fulfilled, namely:—
(i) that he—
(a) has either inherited any ancestral property, or
(b) is born in the family of the person who has inherited any such property and is a lineal descendant of such person in the male line ; and
(ii) that in the ease of any person referred to in sub-clause (b) of clause (i) he is not for the time being removed more than four degrees—
(a) from the person who has inherited any such property, or
(b) from any of the descendants of any person who has so inherited and who is the oldest living paternal ancestor of that person in the male line.