The Draft Hindu Code Bill by Dr. B. R. Ambedkar along with the then existing Hindu Code as amended by the Select Committee - Page 187

172 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(128)

Intestate Succession to the property of female

General Provision

106. Heirs of a Hindu woman. —Except as otherwise expressly provided in sections 109A and 109B, the properly of a female Hindu dying intestate shall devolve, according to the rules set out in this Part,—

(a) firstly, upon the husband and children, including the children of any predeceased child, and

(b) secondly, if there is no heir specified in clause (a), then, upon the heirs specified in section 109 in the order named therein.

(129)

107. Division of shares among heirs. —(1) Where a Hindu woman diesintestate leaving husband and children, the property of which she dies intestate shall be divided among her husband and children so that they share equally.

(2) Where a Hindu woman dies intestate leaving children but no husband, the property of which she dies intestate shall be divided among the children, so that they share equally.

(3) If any child of a Hindu woman dying intestate has died in her life time, leaving children alive at the time of her death, the children of such child shall take the share which such child would have taken if living at the intestate’s death.

(130)

108. Husband succeeds where no children. —Where a Hindu woman dies Intestate leaving husband but no children, including children of any predeceased child entitled to succeed under section 107, the property of which she dies intestine shall devolve upon the husband.