DR. AMBEDKAR AND THE HINDU CODE BILL 151
PART VI.—WOMAN’S PROPERTY
91. Nature of woman’s property. —(1) Any property acquired by a woman after the commencement of this Code shall be her absolute property.
Part II, Sec.
13, page 9.
(2) Nothing in sub-section (1) shall apply to any property acquired by a woman by way of gift or under a will where the terms of the gift or the will, expressly or by necessary implication, prescribe a restricted estate in such property:
Provided that no such implication shall arise by reason only of her sex.
Explanation. —In this section “property” includes both movable and immovable property acquired by a woman, whether such acquisition was made before, at or after marriage or during widowhood and whether by inheritance or devise, or on partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, or by her own skill or exertion or by purchase or by prescription or in any other manner whatsoever.
(103)
92. Devolution of woman’s property. —(1) Where any woman dies after the commencement of this Code any property acquired by her whether such acquisition was made before or after the commencement of this Code, shall, in so far as it consists of heritable property, devolve on her own heirs in the manner laid down in Part VII.
Part II, Sec.
3, page 3.
(2) Nothing in sub-section (1) shall apply to the property of a woman in which she had, at the time of her death, only the limited estate known as the Hindu women’s estate, and such property shall devolve as hereunder—
(i) where such limited estate was obtained by inheritance it shall devolve on the persons who under Part VII would have been the heirs of the last full owner thereof if such owner had died intestate immediately after her,
(ii) where such limited estate was obtained by partition or in any other manner not herein provided for it shall devolve on the persons who would have been entitled to it if this Code had not been passed.
(104)