DR. AMBEDKAR AND THE HINDU CODE BILL 159
100. Distribution of property amongst preferential heirs in class I. —(1) The property of an intestate shall be divided among the preferential heirs in class I so that the share of the widow shall be equal to that of eaeh son, including a predeceased son leaving a son or a son’s son living at the intestate’s death and the share of each daughter shall be equal to that of each son :
Part IV, sec.
7, page 6.
Provided that where a predeceased son leaves no son or son’s son but leaves his widow or his son’s widow living at the intestate’s death, then the share of such predeceased son shall be half that of a son of the intestate.
(2) The share given to a predeceased son of the intestate under sub-section
(1) shall be divided as follows:—
(a) If such predeceased son has left a son or a son’s son living at the intestate’s death then his share shall be divided so that the share of the widow of such predeceased son shall be equal to that of a son of such predeceased son including any son who may have died before the intestate leaving a son living at the intestine’s death :
Provided that if any son of such predeceased son dies before the intestate leaving a widow but no son living at the intestate’s death then the share of such son of the predeceased son shall be half that of any other son of such predeceased son.
(b) The share of any son of the predeceased son who may have died before the intestate shall be divided between his widow and his sons in equal shares.
(c) If such predeceased son has left a widow or a son’s widow or widows of two or more sons but has not left a son or a son’s son living at the intestate’s death then the share of such predeceased son shall be divided between his widow and his son’s widows so that the share of the predeceased son’s widow shall be double the share of the widow of each son of such predeceased son.
(3) For the purposes of this section where a person has left more than one widow all the widows shall take between them equally the share which a single widow would have taken.
Illustrations
(i) The surviving heirs of an intestate are three sons, A, B and C, five grandsons by a predeceased son D, and two great grandsons by a predeceased son of another predeceased son E, A, B and C take one share each, and the branches of D and E get one share each. The grandson in D’s branch and the great grandson in E’s branch divide the stare allotted to their respective branches equally. Each son of the intestate, therefore, takes one fifth of the heritable property, each grandson onetwenty-fifth, and each great-grandson one-tenth.
(ii) Only a widow or daughter survives an intestate. She takes the whole of the heritable property.