DR. AMBEDKAR AND THE HINDU CODE BILL 181
General provisions relating to succession
111. Full blood preferred to half blood. —Heirs related to an intestate by full blood shall be preferred to heirs related by half blood, if the nature of the relationship is the same in every other respect.
Illustration
Part II, sec. 15, page
10.
(i) A brother by full blood is preferred to a brother by half blood; but a brother by half blood succeeds before a brother’s son by full blood, a brother being a nearer heir than a brother’s son.
(ii) A paternal uncle by half blood is preferred to a paternal uncle’s son by full blood, an uncle being a nearer heir than an uncle’s son.
(iii) A full brother’s daughter’s is preferred to a half brother’s daughter’s daughter but the former is not preferred to a half brother’s daughter’s son, as the nature of the relationship is not the same in the two cases. The latter, who is a nearer heir by virtue of rule 4 in section 104 is preferred although he is only related by half blood.
(135)
112. Mode of succession of two or more heirs.— If two or more heirs succeed together to the property of an intestate, they shall take the property—
Part II, sec. 24, page
11.
(a) save as otherwise expressly provided in this Part, per capita and not per stirpes; and
(b) as tenants-in-common and not as joint tenants.
(136)
113. Right of child in womb. —A person who was in the womb at the time of the death of an intestate and who is subsequently born alive shall have the same right to inherit to the intestate as if he or she had been born before the death of the intestate. The inheritance shall be deemed to vest in such a case with effect from the date of the death of the intestate.
(137)
114. Presumption of survivorship. —Where two persons have died in circumstances rendering it uncertain whether either of them, and if so which, survived the other then, for all purposes affecting succession to property, it shall be presumed, until the contrary is proved, that the younger survived the elder.
(138)
Part III-A,
Divn. III, sec. 16, page
14.