The Draft Hindu Code Bill by Dr. B. R. Ambedkar along with the then existing Hindu Code as amended by the Select Committee - Page 171

156 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

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CHAPTER II

Intestate succession to the property of males General Provisions

97. Definitions. —(1) In this Part, unless the context otherwise requires.—

(a) “agnate”—a person is said to be an agnate ( gotraja ) of another if the two are related by blood or adoption wholly through males;

(b) “cognate”—a person is said to be a cognate (bandhu) of another in the two are related by blood or adoption wholly through males;

(c) “heir” means any person, male or female, who is entitled to succeed to the property of an intestate under this Part.

(d) “intestate”—a person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition capable of taking effect;

(2) In this Part, unless the context otherwise requires, words importing the masculine gender shall not be taken to include females.

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98. General rules of succession in the case of males. —Save as otherwise expressly provided in sections 105A to 105J inclusive, the property of a male Hindu dying intestate shall devolve according to the rules set out in this Part:—

(a) firstly, upon the preferential heirs, being the relatives specified in class I of the Eighth Schedule;

(b) secondly, if there is no preferential heir of class I, then upon the preferential heirs being the relatives specified in class II of the Eighth Schedule;

(c) thirdly, if there is no preferential heir of any of the two classes, then upon his relatives being the agnates specified in section 102 ; and

(d) lastly, if there is no agnate, then upon his relatives being the cognates specified in section 103.

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99. Order of succession amongst preferential heirs. —As amongst the preferential heirs those in class I of the Eighth Schedule shall take together, and those standing in the first entry in class II shall be preferred to those standing in the second entry, and those in the second entry to those in the third entry and so on in succession.