182 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
(139)
115. Application of Partition Act, 1893, in certain cases. —Where, after the commencement of this Code, a share in any immovable property of an intestate or in any business carried on by such intestate, whether solely or in conjunction with other,—
(a) devolve upon one or more of the intestate’s son, son’s son, son’s son’s son, together with other relatives, and one of the heirs sues for partition, or
(b) devolves upon a daughter, together with any of the male relatives specified in Class I of the Eighth Schedule, and any one of such male relatives compels the daughter to take her share of the property of the intestate for separate enjoyment (which he is hereby empowered to do),
the provisions of the Partition Act, 1893 (IV of 1893) shall apply as if there was a partition and as if he or she were the transferee of a share of a dwelling house and the intestate’s family, were an undivided one.
(140)
Disqualification of heirs
116. Hermit, etc., disqualified. —A person who has completely and finally renounced the world in any of the modes set forth in sub-section
(1) of section 110 shall be disqualified from inheriting the property of any of his relatives by blood, marriage or adoption.
(141)
117. Unchaste wife disqualified. —A woman, who after marriage, has been unchaste during her husband’s lifetime, shall, unless he has condoned the unchastity, be disqualified from inheriting his property:
Provided that the right of a woman to inherit to her husband shall not be questioned on the above ground, unless a Court of law has found her to have been unchaste as aforesaid in a proceeding to which she and her husband were parties and in which the matter was specifically in issue, the finding of the Court not having been subsequently reversed.
(142)
118. Disqualification of certain widows remarrying. —The widow of a predeceased son, the widow of a predeceased son of a predeceased son, the father’s widow and the brother’s widow shall not be entitled to succeed as heirs, if on the date the succession opens, they have remarried.