DR. AMBEDKAR AND THE HINDU CODE BILL 165
(vi) The competing heirs are (1) FMF (father’s mother’s father) and (2) MFFF (mother’s father’s father). The number of degrees of ascent in both the cases is the same, and there are no degrees of descent. The lines of the two heirs diverge at the very first point. No. (1) being in the male line and No. (2) in the female line. No. (1) is preferred to No. (2).
(vii) The competing heirs are (1) FDSS (sister’s son’s son) and (2) FDDS (sister’s daughter’s son). The heirs are equally near both in ascent and descent. The dissimilarity in the lines occurs at the third point. At this point. No. (1) is in the male line and No. (2) father’s mother’s sister’s son). The former is preferred.
(viii) The competing heirs are (1) FMFSS (father’s mother’s brother’s son) and
(2) FMFDS father’s mother’s sister’s son). The former’s preferred.
(ix) The competing heirs are (1) FDDS (sister’s daughter’s son) and (2) FDDD (sister’s daughter’s daughter). The former is preferred.
(117)
105. Computation of degrees. —(1) For the purposes of determining the order of succession amongst agnates or cognates, relationship shall be reckoned from the intestate to the heir in terms of degrees of ascent, or degrees of descent, or both, as the case may be.
Part II, sec. 8, page 7.
(2) Degrees of ascent and degrees of descent shall be computed exclusive of the intestate.
(3) Every generation constitutes a degree either ascending or descending.
Illustrations
(i) The heir to be considered is the father’s mother’s father of the intestate. He has no degrees of descent, but has three degrees of ascent represented in order by (1) the intestate’s father, (2) that father’s mother, and (3) her father (the heir).
(ii) The heir to be considered is the father’s mother’s father’s mother of the intestate. She has no degrees of descent, but has four degrees of ascent represented in order by (1) the intestate’s father, (2) that father’s mother, (3) her father, and
(4) his mother (the heir).
(iii) The heir to be considered is the son’s daughter’s son’s daughters of the intestate. She has no degrees of ascent, but has four degrees of descent represented in order by (1) the intestate’s son, (2) that son’s daughter, (3) her son, and (4) his daughter (the heir).
(iv) The heir to be considered is the mother’s father’s father’s daughter’s son of the intestate. the has three degrees of ascent represented in order by (1) the intestate’s mother, (2) her father and (3) the father’s father, and two degrees of descent represented in order by (1) the daughter of the common ancestor, viz., the mother’s father’s father and (2) her son (the heir).
(117A)