DR. AMBEDKAR AND THE HINDU CODE BILL 157
CHAPTER II
Intestate succession
Succession to the property of a Hindu mile
97. Definitions. —(1) In this Part, unless there is anything repugnant in the subject or context,—
Part II, sec. 2, page 2. Part II, sec. 5, page 2.
(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 but not 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 the 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 there is anything repugnant in the subject or context, words importing the masculine gender shall not be taken to include females.
98. Rule of succession in the case of male Hindu. — Subject to the provisions of this Part, the property of a male Hindu dying intestate shall devolve according to the rules set out in this Part:—
Part II, sec. 4, page 4
(a) firstly, upon the preferential heirs, being the relatives specified in class I of the Schedule VII;
(b) secondly, if there is no preferential heir of class I, then upon the preferential heirs being the relatives specified in class II of Schedule VII;
(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.
(110)
99. Order of succession amongst preferential heirs. — As amongst the preferential heirs those in class I of Schedule VII 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.
(111)
Part II, sec. 6, page 6.