162 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
(116)
103. Cognates who are heirs. —In the absence of any preferential heir and agnates, cognates of the deceased related to the deceased within five degrees, shall be entitled to succeed in accordance with the rules set out in this Part.
(117)
104. Order of succession amongst agnates and cognates. —The order of succession among agnates or cognates, as the case may be, shall be determined in accordance with the rules of preference laid down hereunder:—
Rule 1. —Of two heirs, the one who has fewer or no degrees of ascent is preferred.
Rule 2. —Where the number of degrees of ascent is the same or none, that heir is preferred who has fewer or no degrees of ascent.
Rule 3. —Where the number of degrees of descent is also the same or none, the heir who is in the male line is preferred to the heir who is in the female line at the first point (counting from the intestate to the heir) where the lines of the two heirs can be so distinguished.
Rule 4. —Where the two lines cannot be so distinguished, the heir who is a male is preferred in the heir who is a female.
Rule 5. —Where neither heir is entitled to be preferred to the other under the foregoing rules, they take together.