The Draft Hindu Code Bill by Dr. B. R. Ambedkar along with the then existing Hindu Code as amended by the Select Committee - Page 169

154 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

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PART VII.—SUCCESSION

CHAPTER I

Application

94. Certain estates excluded from operation of Part. —This Part shall not apply to * * *,—

(i) any estate which descends to a single heir by a customary rule of succession or by the terms of any grant or enactment, or to any other estate specified in section 90J, or

(ii) any property which devolves by survivorship on the surviving members of a co-parcenary in accordance with the provisions of Part V, or

(iii) any property belonging to a tarwad, tavazhi, kutumba, kavaru or illom to which the provisions of section 901 apply.

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95. Application of Part. —Save as otherwise expressly provided in section

94, this Part regulates the succession to the property of a Hindu dying intestate after the commencement of this Code in the following cases, namely:—

(a) where the property is movable property, unless it is proved that the intestate was not domiciled in the territories to which this Act extends at the time of his or her death ;

(b) where the property is immovable property situate in the said territories, whether the intestate was domiciled in the said territories at the time of his or her death or not.

Explanation— For the purposes of this Part, the domicile of a Hindu shall be determined in accordance with the provisions contained in section 6 to

18, both inclusive, of the Indian Succession Act, 1925 (XXXIX of 1925).

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96. No distinction between divided and undivided sons, etc., for purposes of succession. —For purposes of intestate succession, no distinction shall be made,—

(1) between a son who was divided and a son who was undivided from the intestate or between a son who was divided and a son who was reunited with him;

(2) between a female heir * * * who is a widow and one who is not a widow or between a female heir who is poor and one who is rich or between a female heir with issue and one without issue or possibility of issue.