BY
DR. B. R. AMBEDKAR ALONG WITH THE THEN EXISTING HINDU CODE AS
AMENDED BY THE SELECT COMMITTEE
________________________________________________________________________________________
NOTE
Continued…
(128)
Part II, sec. 14, page 9.
107. Division of shares among heirs.—(1) Where a Hindu woman dies intestate 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 divider 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.
(129)
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 intestate shall devolve upon the husband.
(130)
(131)
109. Other heirs of the woman's property.—Where a Hindu woman dies leaving no heirs specified in section 107 or 108, then the property of which she dies intestate shall devolve upon the following heir in the order named hereunder, namely,—
(1) mother, father:
(2) husband's heirs, in the same order and according to the same rules as would have applied, if the property had been his and he had died intestate in respect thereof immediately after his wife;
(3) mother's heirs, in the same order and according to the same rules as would have applied, if the properly had been hers and she had died intestate in respect thereof immediately after her daughter;
(4) father's heirs, in the same order and according to the same rules as would have applied, if the property had been his and he had died intestate in respect thereof immediately after his daughter.
109. Other heirs of the woman's property.—Where a Hindu woman dies leaving no heirs specified in sections
107 or 108, then the property of which she dies intestate shall devolve upon the following heir in the order named hereunder, namely:—
(1) in other, father;
(2) husband's heirs, m the same order and according to the 'same rules as would have applied, if the property had been his and he had died intestate in respect thereof immediately after his wife;
(3) mother's heirs in the same order and according to the same rules as would have applied, if the property had been hers and .she had died intestate in respect thereof immediately after her daughter;
(4) father's heirs, in the same order and according to the same rules as would have applied if the property had been his and he had died intestate in respect thereof immediately after his daughter.
(131)
109A. Rules of succession to Marumakkattayam or Aliyasantana female dying intestate.—Notwithstanding anything contained in this Part, the separate or self-acquired property of a female Hindu, who if this Code had not been passed would have been governed by the Marumakkattayam or Aliyasantana law shall, if she dies intestate in respect thereof, devolve in the order and according to the rules specified below, namely:—
(a) where the intestate has left her surviving a lineal descendant or descendants, the whole of such properly shall devolve on such descendant or descendants in accordance with the provisions contained in clauses (a) to (e) of section 105D;
(b) in the absence of any lineal descendant of the intestate, the whole of the property shall devolve on the intestate's mother or, in her absence, on her lineal descendant or descendants;
(c) where the intestate has not left her surviving any lineal descendant of herself or of her mother but has left her husband and her maternal grand-mother or her lineal descendant or descendants, one-half of the property shall devolve on her grand-mother or, in her absence, on her lineal descendant or descendants;
(d) in the absence of the intestate's maternal grand-mother and her lineal descendants, the whole of the property shall devolve on the intestate's husband, and in the absence of the husband, the whole of the property shall devolve on her maternal grand-mother or her lineal descendant or descendants, as the case may be;
(e) where the intestate has not left her surviving any of the heirs mentioned in the forgoing clauses, the whole of the property shall devolve on her mother's maternal grand-mother or in her absence on her lineal descendant or descendants and, in the absence of any one descendant, on a remoter female ascendant in the female line or, in her absence, on her lineal descendant or descendants, the nearer ascendant and her descendants excluding the more remote ascendants and her descendants ;
(f) the distribution of the intestate's property or any share thereof to which two or more lineal descendants of her mother or other ascendant are entitled under the foregoing clauses shall be made in accordance will the rules specified in clauses (a) to (e) of section 105D, as if the mother or other ascendant had died intestate in respect of such properly or shall leaving her surviving the descendants aforesaid.
(133)
109B. Rules of succession to Nambudri female dying intestate.— Notwithstanding anything contained in this Chapter, the separate or self-acquired property of a female Hindu who, if this Code had not been passed, would have been governed by the Nambudri law, shall, if she dies intestate in respect thereof, devolve in the order, and in accordance with the rules, specified below, namely :—
(a) where the intestate has left her surviving any lineal descendant or descendants, the whole of the property shall devolve on such descendant or descendants in accordance with the-rules specified in clause (a) to (c) of section 105D.
(c) in the absence of the husband, the property shall devolve upon the heirs in the order, and in accordance with the rules, specified in section 109.
(134) Succession to the property of a hermit
110. Rules for hermits, etc.—(1) Where a person completely and finally renounces the world by becoming a hermit or an ascetic or a perpetual religious student his property shall devolve upon his heirs, in the same order and according to the same rules as would have applied if he had died intestate in respect thereof at the time of such renunciation.
(2) Any property acquired by such a person after his renunciation shall devolve on his death, not upon his relatives, but as follows:
(a) In the case of a hermit upon a spiritual brother belonging to the same hermitage;
(b) In the case of an ascetic subject to any custom or usage governing the case, upon his virtuous disciple; and (c) In the case of a perpetual religious student, upon his preceptor.
110. Rules for hermits, etc.—(1) Where a person completely and finally renounces the world by becoming a hermit or an ascetic or a perpetual religious student his property shall devolve upon his heirs, in the same order and according to the same rules as would have applied if he had died intestate in respect thereof at the time of such renunciation.
(2) Any property acquired by such a person alter his renunciation shall devolve on his death, not upon his relatives, but as follows:—
(b) In the case of an ascetic subject to any custom or usage governing the case, upon his virtuous disciple; and (c) In the case of a perpetual religious student, upon his preceptor.
(134)
(135) General provisions relating to succession
III. 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.
(136)
112. Mode of succession of two or more heirs.—If two or more heirs succeed together to the property of an intestate, they shall lake the property—
(a) save as otherwise expressly provided in this Part, per capita and not per stripes ; and (b) as tenants-in-common and not as joint tenants.
(b) (137)
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.(138)
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.
Part II, page 10
III. 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
(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) Part II sec. 24, page II.
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—
(a) save as otherwise expressly provided in this Part, per capita and not per stripes ; 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.
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)
(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.
Part II, sec 12, page 9
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 others, devolves upon one or more of the intestate's son, son's son, or son's son's son, together with other relatives, and one of the heirs sues for partition, 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.
(139)
Part II sec 18, page 11
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.
(140) Part II, sec. 19 page 1
117. Unchaste wife disqualified.—A woman, who after marriage, has been unchaste during her husband's lifetime, shall, unless he has condoned the unchastely, 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.
(141)
118. Disqualification of certain widows remarrying.— (New) 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.
(142)
(143)
119. Murderer disqualified.—A person who commits murder or abets the commission of murder shall be disqualified from inheriting the property of the person murdered, or any other property in furtherance of the succession to which he or she committed or abetted the commission of the murder.
(144)
120. Convert's descendants disqualified.—Where, before or after the commencement of this Code, a Hindu has ceased or ceases to be one by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified from inheriting the property of any of their Hindu relatives, unless such children or descendants are Hindus at the time when the succession opens.
(145)
121. Succession when heir disqualified.—If any person is disqualified from inheriting any property under this Chapter, it shall devolve as if such person had died before the intestate.
(146)
122. Disease, defect, etc., not to disqualify.—No person shall be disqualified from succeeding to any property on the ground of any disease, defect or deformity, or save as provided in this Chapter, on any other ground whatsoever.
(147) Escheat
123. Failure of heirs.—If an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Part, such property shall go to the Government; and the Government shall take the property subject to all the obligations and liabilities to which an heir would have been subject.
Part II, page 11
119. Murderer disqualified.—A person who commits murder or abets the commission of murder shall be disqualified from inheriting the properly of the person murdered, or any other property in furtherance of the succession to which he or she committed or abetted the commission of the murder.
(143) Part II, page 11,
120. Convert's descendants disqualified.—Where, be-
fore or after the commencement of this Code, a Hindu has
ceased or ceases to be one by conversion to another religion,
children born to him or her after such conversion and their
descendants shall be disqualified from inheriting the properly
of any of their Hindu relatives, unless such children or
descendants are Hindus at the time when the succession opens.
fore or after the commencement of this Code, a Hindu has
ceased or ceases to be one by conversion to another religion,
children born to him or her after such conversion and their
descendants shall be disqualified from inheriting the properly
of any of their Hindu relatives, unless such children or
descendants are Hindus at the time when the succession opens.
121. Succession when heir disqualified.—If any person is disqualified from inheriting any property under this Chapter, it shall devolve as if such person had died before the intestate.
(145) Part II, page 11
122. Disease, defect, etc., not to disqualify.—No person shall be disqualified from succeeding to any property on the ground of any disease, defect or deformity, or save as provided in this Chapter, on any other ground whatsoever.
123. Failure of heirs.—If an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Part, such property shall go to the Crown; and the Crown shall take the property subject to all the obligations and liabilities to which an heir would have been subject. (147)
(148) CHAPTER III
Testamentary succession
124. Testamentary succession.—( I ) Any Hindu may dispose of by will or other testamentary disposition any property which is capable of being so disposed of by him in accordance with the provisions of the Indian Succession Act, 1925 (XXXIX of 1925), or any other law for the time being in force and applicable to Hindus .
(a) to deprive any person of any right to maintenance to which such person is entitled under the provisions of this Code or any other law for the time being in force;
Part III, page 12.
CHAPTER III Testamentary' succession
124. Testamentary succession.—(1) Any Hindu may dispose of by will or other testamentary disposition any property which is capable of being so disposed of by him in accordance with the provisions of the Indian Succession Act, 1925 (XXXIX of 1925), or any other law for the time being in force and applicable to Hindus . (2) Nothing herein contained shall authorise a Hindu—
(a) to deprive any person of any right to maintenance to which such person is entitled under the provisions of this Code or any other law for the time being in force;
(b) to create in property any interest or estate which he or she cannot lawfully create. (148)
(149) PART VIII.—MAINTENANCE
(i) in till cases, provision for food, clothing, residence, education and medical attendance and treatment; and
(ii) in the case of an unmarried daughter, also the reasonable expenses of. and incident to, her marriage.
126. Maintenance of wife.—(1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Code, shall be entitled to be maintained by her husband during his life-lime and after his death, by his father.
(2) A Hindu wife may claim maintenance from her husband only if and while she lives with him:
Provided that she shall be entitled to live separately from him without forfeiting her claim to maintenance—
(a) if he is suffering from a virulent form of leprosy or has been suffering from venereal disease in a communicable form and not contracted from her;
(d) if he is guilty of desertion, that is to say, of abandoning her without just cause and without her consent or against her wish; (e) if he has ceased to be a Hindu by conversion to another religion; (f) if there is any other cause justifying her living separately.
(3)A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion.
(150)
127. Maintenance of widowed daughter-in-law.—The obligation of a father-in-law to maintain his widowed daughter-in-law under section 126 only extends in so far as he has the means to do so and the widowed daughter-in-law is unable to maintain herself out of her own property or to obtain maintenance from her husband's estate or from her son, if any, or his estate. Any such obligation shall cease on her remarriage.
PART VIII.—MAINTENANCE
Part III-A, page 2.
(i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment; and
(ii) in the case of an unmarried daughter, also the reasonable expenses of, and incident to, her marriage.
Part IV, page 19 and 20.
126. Maintenance of wife.—(1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Code, shall be entitled to be maintained by her husband during his life-lime and after his death, by his father.
Provided that she shall be entitled to live separately from him without forfeiting her claim to maintenance— (a) if he is suffering from a loathsome disease; (b) if he keeps a concubine in the same house in which his wife is living; (c) if he has been guilty of such cruelty as to render it unsafe or undesirable for her to live with him; (d) if he is guilty of desertion, that is to say, of abandoning her without just cause and without her consent or against her wish; (e) if he has ceased to be a Hindu by conversion to another religion; (f) if there sin any other cause justifying her living separately.
(3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion. (149)
127. Maintenance of widowed daughter-in-law.—The
obligation of a father-in-law to maintain his widowed daughter-
in-law under section 126 only extends in so far as he has the
means to do so and the widowed daughter-in-law is unable
to maintain herself out of her own property or to obtain
maintenance from her husband's estate or from her son, if any,
or his estate. Any such obligation shall cease on her remarriage.
obligation of a father-in-law to maintain his widowed daughter-
in-law under section 126 only extends in so far as he has the
means to do so and the widowed daughter-in-law is unable
to maintain herself out of her own property or to obtain
maintenance from her husband's estate or from her son, if any,
or his estate. Any such obligation shall cease on her remarriage.
(150)
(151)
128. Maintenance of children and aged parents.—(1) Subject to the provisions of this section, a Hindu is bound, during his life-time, to maintain his legitimate or illegitimate child and his aged parents.
(2) A legitimate or illegitimate child may claim maintenance from his or her father so long as he or she is a minor:
Provided that in the case of an unmarried daughter she may claim maintenance so long as she lives with her father and remains unmarried.
(3) A father may claim maintenance from his son if he is aged and infirm.
(152)
129. Maintenance of children by mother.—A Hindu woman is bound during her life-time to maintain her legitimate or illegitimate children if her husband is unable to do so and she has die necessary means to maintain them.
128. Maintenance of children and aged parents.— (New) (1) Subject to the provisions of this section, a Hindu is bound, during his life-time, to maintain his legitimate or illegitimate child and his aged parents.
(2) A legitimate or illegitimate child may claim maintenance from his or her father so long as he or she is a minor:
Provided that in the case of an unmarried daughter she may claim maintenance so long as she lives with her father and remains unmarried.
129. Maintenance of children by mother.—A Hindu (New) woman is bound during her life-time to maintain her legitimate or illegitimate children if her husband is unable to do so and she has the necessary means to maintain them.
(152)
130. Maintenance of dependants.—(1) Subject to the provisions of section 131 the heirs of a deceased Hindu shall be bound to maintain the dependants of the deceased out of the estate inherited from the deceased by the heir.
(2) The following relatives of the deceased shall be deemed to be his dependants for the purposes of this Part, namely:—
(iii) his widow, so long as she does not remarry; (iv) his son, son of his predeceased son, or son of a predeceased son of his predeceased son, who is a minor, so long he remains one, provided and to the extent that he is unable to obtain maintenance, in the case of a grandson, from his father's estate, and in the case of a great-grandson, from the estate of his father or father's father; (v) his unmarried daughter, so long as she remains unmarried; (vi) his married daughter;
Provided and to the extent that he is unable to obtain maintenance from her husband or from her son, if any, or his estate; (vii) his widowed daughter:
Provided and to the extent that she is unable to obtain maintenance— (a) from the estate of her husband, or (b) from her son, if any, or his estate, or
Provided and to the extent that she is unable to obtain maintenance from her husband's estate, or from her son, if any, or his estate; or in the case of a grandson's widow, also from her father-in-law's estate; (ix) his minor illegitimate son, so long as he remains a minor; (x) his unmarried illegitimate daughter, so long as she remains unmarried.
Liability of heirs to maintain dependants out of estate
130. Maintenance of dependants.—(1) Subject to the provisions of section 131 the heirs of a deceased Hindu shall be bound to maintain the dependants of the deceased out of the estate inherited from the deceased by the heir.
(2) The following relatives of the deceased shall be deemed to be his dependants for the purposes of this Part, namely:— (i) his father; (ii) his mother;
(iii) his widow, so long as she does not remarry; (iv) his son, son of his predeceased son, or son of a predeceased son of his predeceased son, who is a minor, so long as he remains one, provided and to the extent that he is unable to obtain maintenance, in the case of a grandson, from his father's estate, and in the case of a great-grandson, from the estate of his father or father's father; (v) his unmarried daughter, so long as she remains unmarried; (vi) his married daughter;
Provided and to the extent that she is unable to obtain maintenance from her husband or from her son, if any, or his estate; (vii) his widowed daughter:
Provided and to the extent that she is unable to obtain, maintenance— (a) from the estate of her husband, or (b) from her son, if any, or his estate, or
(c) from her father-in-law or his father or the estate of either of them;
Provided and to the extent that she is unable to obtain maintenance from her husband's estate, or from her son, if any, or his estate; or in the case of a grandson's widow, also from her father-in-law's estate; (ix) his minor illegitimate son, so long as he remains a minor (x) his unmarried illegitimate daughter, so long as she remains unmarried. (153)
(154)
131. Extent of liability of heirs to maintain dependants.—Where a dependant has not obtained, by testamentary or intestate succession, any share in the estate of a male Hindu dying after the commencement of this Code, or where, in a case of testamentary succession, the share so obtained by a dependant is less than .what would be awarded to him or her by way of maintenance under this Part,
he or she is entitled, subject to the provisions of this Part, to maintenance from those who take the estate:
Provided that the liability of each heir shall be in proportion to the value of the share or part of the estate taken by him or her;
Provided further that no person who is himself or herself a dependant shall be liable to contribute to the maintenance of others, if he or she has obtained a share or part the value of which is, or would if the liability to contribute were enforced become, less than what would be awarded to him or her by way of maintenance under tins Part.
(155)
Amount of Maintenance
132. Amount of maintenance.—(1) In determining the amount of maintenance, if any, to be awarded to the wife, children or aged parents under this Part, regard shall be had to— (a) the position and status of the parties; (b) the reasonable wants of the claimant;
(c) if the claimant is living separately from the father, whether he or she is justified in doing so;
(d) the value of the claimant's property and any income derived from such property, or from the claimant's own earnings, or from any other source; (e) the number of persons who are entitled to maintenance under the provision of this Part.
(2) In determining the amount of maintenance, if any, to be awarded to a dependant under this Part, regard shall be had to—-(a) the net value of the estate of the deceased, after providing for the payment of his debts; (b) the provision, if any, made under a will of the deceased in respect of the dependant;
(d) the position and status of the deceased and of the dependant; (d) the degree of relationship between the two; (e) the reasonable wants of the dependants; (0 the past relations between the dependant and the deceased; (g) the value of his or her property and any income derived from such property, or from his or her own earnings, or from any other source; (h) the number of dependants who are entitled to maintenance under the provisions of this Part; (i) in the case of a widow, her conduct.
Part III-A, page 12.
131. Extent of liability of heirs to maintain dependants.—Where a dependant has not obtained, by testamentary or intestate succession, any share in the estate of a male Hindu dying after the commencement of this Code, or where, in a case of testamentary succession, the share so obtained by a dependant is less than what would be awarded to him or her by way of maintenance under this Part, he or she is entitled, subject to the provisions of this Part, to maintenance from those who take the estate:
Provided that the liability of each heir shall be in proportion to the value of the share or part of the estate taken by him or her;
Provided further that no person who is himself or herself a dependant shall be liable to contribute to the maintenance of others, if he or she has obtained a share or part the value of which is, or would if the liability to contribute were enforced become, less than what would be awarded to him or her by way of maintenance under this Part.
(154) Part IIIA, page 13.
Amount of Maintenance
132. Amount of maintenance.—(1) In determining the amount of maintenance, if any, to be awarded to the wife, children or aged parents under this Part, regard shall be had to— (a) the position and status of the parties; (b) the reasonable wants of the claimant;
(c) if the claimant is living separately from the father, whether he or she is justified in doing so;
(d) the value of the claimant's property and any income derived from such property, or from the claimant's own earnings, or from any other source ;
(e) the number of persons who are entitled to maintenance under the provision of this Part.
(2) In determining the amount of maintenance, if any, to be awarded to a dependant under this Part, regard shall be had to—
(a) the net value of the estate of the deceased, after providing for the payment of his debts;
(b) the provision, if any, made under a will of the deceased in respect of the dependant;
(c) the position and status of the deceased and of the dependant; (d) the degree of relationship between the two; (e) the reasonable wants of the dependants; (f) the past relations between the dependant and the deceased; (g) the value of his or her property and any income derived from such property, or from his or her own earnings, or from any other source;
(h) the number of dependants who are entitled to maintenance under the provisions of this Part; (i) in the case of a widow, her conduct.
(155)
(156)
133. Amount of maintenance in the discretion of court.—(1) It shall be in the discretion of the Court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Part, with due regard to the considerations set out in sub-section (1) or sub-section (2) of section 132, as the case may be, so far as they are applicable.
(2) The expenses that may be allowed to an unmarried daughter in respect of her marriage shall in no case exceed the value of one-half of what she would have inherited from the deceased, if he had died intestate.
(157)
134. Amount of maintenance may be altered on change of circumstances.—The amount of maintenance, whether fixed by a decree of court or by agreement, either before or after the commencement of this Code, may be altered subsequently, if there is a material change in the circumstances, justifying such alteration.
(158)
135. Debts to have priority.—Subject to the other provisions contained in this Part debts of every description shall have priority over the claims of dependants for maintenance under this Part.
(159)
136. maintenance when to be a charge.—A dependant's claim for maintenance under the provisions of this Part shall not be a charge on the estate of the deceased or any portion thereof, unless the same has been created by the will of the deceased, by a decree of court, by agreement between the dependant and the owner of the estate or portion, or otherwise.
(160)
137. Transfer where a third person is entitled to maintenance.— Where a third person has a right to receive maintenance out of an estate and such estate or any part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the existence of such right, and in such a case the right can be enforced against the property to the extent to which it would have been liable had this Code not been passed.
133. Amount of maintenance in the discretion of court.—
(1) It shall be in the discretion of the Court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Part, with due regard to the considerations set out in sub-section (1) or sub-section (2) of section 132, as the case may be, so far as they are applicable.
(2) The expenses that may be allowed to an unmarried daughter in respect of her marriage shall in no case exceed the value of one-half of what she would have inherited from the deceased, if he had died intestate.
134. Amount of maintenance may be altered on change
of circumstances.—The amount of maintenance, whether Fixed by a decree of court or by agreement, either before or after the commencement of this Code, may be altered subsequently, if there is a material change in the circumstances, justifying such alteration.
(157) Part III-A, page 14.
135. Debts to have priority.—Subject to the other provisions contained in this Part debts of every description shall have priority over the claims of dependants for maintenance under this Part.
(158) Part III-A, page 14.
136. maintenance when to be a charge.—A dependant's claim for maintenance under the provisions of this Part shall not be a charge on the estate of the deceased or any portion thereof, unless the same has been created by the will of the deceased, by a decree of court, by agreement between the dependant and the owner of the estate or portion, or otherwise.
(159)
137. Transfer where a third person is entitled to maintenance.— Where a third person has a right to receive maintenance out of an estate and such estate or any part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the existence of such right, and in such a case the right can be enforced against the property to the extent to which it would have been liable had this Code not been passed. (160)
(161) PART IX.—-MISCELLANEOUS
138. Power to make rules.—(1) The-State Government may make rules to carry out the objects of this Code.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may prescribe—
(i) the particulars relating to Dharmik marriages which may be entered in the Hindu Dharmik Marriage Register and the manner in which and the circumstances under which such entries shall be made;
(ii) the cases and areas in which particulars of Dharmik marriages shall be compulsorily entered, and the punishment for any contravention thereof;
(iv) the manner in which Hindu Dharmik Marriage Register and the Hindu Civil Marriage Notice Books shall be kept and the manner in which notices of marriages under section 12 shall be published:
(vi) the fees payable for the solemnisation of any civil marriage or for any other duties to be performed by the Registrar of Marriages:
(vii) the fees payable for the inspection of and for certified copies of extracts from the Hindu Dharmik Marriage Register and the Hindu Civil Marriage Certificate Book:
(viii) the form in which and the intervals within which copies of entries in the Hindu Dharmik Marriage Register and the Hindu Civil Marriage Certificate Book shall be sent to the Registrar General of Births, Deaths and Marriages;
(ix) The person by whom, the form in which and the authority to which notice of any marriage under section 24A may he given;
(xi) the fees payable for recording adoptions; (xii) the form in which the Register of Adoptions shall be maintained; and
(xiii) the manner in which copies of entries in the Register of Adoptions may be certified.
(162)
139. Amendments and repeals.—The enactments mentioned in the third column of the First Schedule shall be amended to the extent specified in the fourth column thereof, and the enactments mentioned in the third column of the Second Schedule shall be repeated to the extent specified in the fourth column thereof.
PART IX.—MISCELLANEOUS
138. Power to make rules.—(1) The Provincial .Government may make rules to carry out the objects of this Code.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may prescribe—
(i) the particulars relating to sacramental marriages which may be entered in the Hindu Sacramental Marriage Register and the manner in which and the circumstances under which such entries shall be made;
(ii) the cases and areas in which particulars of Sacramental marriages shall be compulsorily entered, and the punishment for any contravention thereof;
(iv) the manner in which Hindu Sacramental Marriage Register and the Hindu Civil Marriage Notice Books shall be kept and the manner in which notices of marriages under section 12 shall be published:
(vi) the fees payable for the solemnisation of any civil marriage or for any other duties to be performed by the Registrar of Marriages:
(vii) the fees payable for the inspection of and for certified copies of extracts from the Hindu Sacramental Marriage Register and the Hindu Civil Marriage Certificate Book:
(viii) the form in which and the intervals within which copies of entries in the Hindu Sacramental Marriage Register and the Hindu Civil Marriage Certificate Book shall be sent to the Registrar General of Births, Deaths and Marriages;
(x) the fees payable for recording adoptions; (xi) the form in which the Register of Adoptions shall be maintained ; and
(xii) the manner in which copies of entries in the Register of Adoptions may be certified. (161)
139. Amendments and repeals.—The enactment mentioned to the third column of the First Schedule shall be amended to the extent specified in the fourth column thereof, and the enactments mentioned in the third column of the Second Schedule shall be repealed to the extent specified in the fourth column thereof. (162)
(163) FIRST SCHEDULE
Year | No | Short title | Amendments |
1 | 2 | 3 | 4 |
1872 | III | The Special Marriage Act, 1872 | |
FIRST SCHEDULE
Year | No. | Short title | Amendments |
1 | 2 | 3 | 4 |
1872 | III | ||
(163)
(164)
SECOND SCHEDULE
(See section 139)
REPEALA
Year | No. | Short title | Extent of repeal |
1 | 2 | 3 | 4 |
Central Acts | |||
1866 | XXI | The Native Converts' Marriage Dissolution Act, 1866. | The whole, in so far as it, in its application to Hindus, is in- consistent with the provisions of this Code. |
1923 | XII | The Hindu Inheritance (Removal of Disabilities) Act, 1928. | The whole. |
1929 | II | The Hindu Law of Inheritance (Amendment) Act, 1929. | Do. |
1937 | XVIII | The Hindu Women's Right to property Act, 1937 | Do. |
1946 | The Hindu Married Women's Right to Separate Residence and Maintenance Act, 1946. | Do. | |
1946 | The Hindu Marriage Disabilities Removal Act, 1946. Slate Acts | Do. | |
1933 | XXI | The Madras Nambudri Act, 1932 | The whole except as provided |
1933 | XXII | The Madras Marumakkattayam Act, 1932. | Do. |
1949 | IX | The Madras Aliyasantana Act,1949. | Do. |
year) | |||
1100 | 11 | The Travancore Nair Act, 1100. | Do. |
1100 | III | The TravancoreEzhava Act, 1100 | Do. |
1101 | VI | Do. | |
1106 | III | The Travancore Malayala Brahmin Act, 1106. | The whole except as provided in Part VII. |
1108 | VII | The Travancore Kshatriya Act, 1108. | The whole except as provided in Parts V and VII |
1115 | VII | The Travancore Krishnavaka Marumakkathayee Act, 11 15. | Do. |
1107 | VIII | The Cochin Thiyya Act, 1107. | Do. |
1113 | XXIX | The Cochin Nayar Act, 1113. | Do |
1113 | XXXIII | The Cochin Marumakkathayam Act, 1113. | Do |
1114 | XVII | The Cochin Nambudri Act, 11 14. | The whole except as provided in parts VII. |
1115 | XVII | The Cochin Makkathayam Thiyya Act, 1115. | The whole. |
.
SECOND SCHEDULE
(See section 139)
repeals
Year | No. | Short title | Extent of repeat |
1 | 2 | 3 | 4 |
1866 | XXI | The whole, in so far as it, in its application to Hindus, is inconsistent with the provisions of this Code. | |
1928 | XII | ||
1929 | II | The Hindu Law of Inheritance (Amendment) Act, 1929. | Do. |
1937 | XVIII | The Hindu Women's Right to property Act, 1937 | The whole |
1946 | XIX | The Hindu Married Women's Right to Separate Residence and Maintenance Act, 1946. | Do. |
1946 | XXVIII | The Hindu Marriage Disabilities Removal Act, 1946. | Do. |
(164)
(165-67)
THIRD SCHEDULE
Column 2 | |
1. Son. | |
2. Daughter's daughter. | 2. Son's son. |
3. Son's daughter. | 3. Daughter's son. |
4.Daughter's son's daughter. | 4. Son's son's son. |
5. Son's son's daughter. | 5. Daughter's son's son. |
6. Son's daughter's son's son | |
7. Daughter's son's son's daughter. | 7. Son's son's son's son. |
8. Son's daughter's son's daughter. | 8. Daughter's daughter's son's son. |
9. Son's son's son's daughter. | 9. Daughter's son's son's son. |
10.Mother. | |
11.Sister. | 11. Brother. |
12.Sister's daughter (niece). | 12.Brother's son. |
13.Sister's son | |
14.Sister's son's daughter. | 14.Brother's son's son. |
15.Brother's son's daughter | 15.Sister's son's son. |
16.Sister's daughter's son's daugther. | 16.Brother's daughter's son's son. |
17.Sister's son's son's daughter. | 17.Brother's son's son's son. |
18.Brother's daugther's son's daughter. | 18.Sister's daughter's son's son |
19. Brother's son's son's daughter | 19.Sister's son's son's son. |
21.Mother's sister. | |
22.Mother's sister's daughter. | 22.Father's brother's son. |
23.Mother's brother's daughter. | |
24.Mother's sister's son's, daughter | |
25. Father's sister's son's son. | |
26.Mother's sister's daughter's son's daughter. | 26.Father's brother's daughter's son's son. |
27.Mother's sister's son's son's daughter. | 27.Father's brother's son's son's son. |
28.Mother's brother's daughter's son's daughter. | 28. Father's sister's daughter's son's son. |
29. Father's sister's son's son's son. | |
30.Father's mother. | 30.Mother's father. |
31. Father's sister. | 31.Mother's brother. |
32.Mother's brother's son. | |
33.Father's brother's daughter. | 33.Mother's sister's son. |
34.Father's sister's son's daughter. | 34.Mother's brother's son's son. |
35.Father's brother's son's daughter. | 35.Mother's sister's son's son. |
36.Father's sister's daughter's son's daughter. | 36.Mother's brother's daughter's |
37.Mother's brother's son's son's son. | |
38.Mother's sister's daughter's son's son. | |
daughter. | 39.Mother's sister's son's son's son. |
40.Father's father's father. | |
41. Father's mother's sister. | 41.Father's father's brother. |
42.Father's father's brother's son. | |
43.Father's father's sister's son. | |
44.Father's father's brother's son's son. | |
45.Father's mother's brother's son's daughter | 45. Father's father's sister's son's son. |
47.Father's mother's sister's son's son's daughter. | |
48.Father's father's sister's daughter's son's son. | |
49.Father's mother's brother's son's son's daughter. | 49.Father's father's sister's son's son's son. |
51. Father's father's sister. | 51.Father's monther's brother. |
52. Father's father's sister's daughter. | 52.Father's mother's brother's son. |
53. Father's father's brother's daughter. | 53.Father's mother's sister's son. |
54. Father's father's sister's son's daughter. | 54.Father's mother's brother's son's -son. |
55.Father's father's brother's son's daughter. | 55. Father's mother's sister's son's son. |
56.Father's father's sister's daughter's son's daughter. | 56.Father's mother's brother's daughter's son's son. |
57.Father's father's sister's son's son's daughter. | 57.Father's mother's brother's son's son's son. |
58.Father's father's brother's daughter's son's daughter. | 58.Father's mother's sister's daughter's son's son. |
59.Father's mother's sister's son's son's son. | |
60. Father's mother's mother's mother. | 60.Father's father's father's father. |
61. Father's mother's mother's sister. | 61.Father's father's father's brother. |
62. Father's mother's mother's sister's daughter. | 62.Father's father's father's brother's son. |
63.Father's mother's mother's brother's daughter. | 63.Father's father's father's sister's son. |
64.Father's mother's mother's sister's son's daughtter. | 64.Father's father's brother's brother's son's son. |
65.Father's mother's mother's brother's son's daughter | 65.Father's father's father's sister's son's son. |
66.Father's mother's mother's sister's daughter's son's daughter. | 66.Father's father's father's brother's (laughter's son's son. |
67.Father's father's father's brother's son's son's son. | |
68.Father's father's father's sister's daughter's son's son. | |
69.Father's father's father's sister's son's son's son. | |
71. Father's mother's father's sister. | 71.Father's father's mother's brother. |
72.Father's mother's father's sister's daughter. | 72.Father's father's mother's brother's son. |
73.Father's mother's father's brother's daughter. | 73.Father's father's mother's sister's son. |
74.Father's mother's father's sister's son's (laughter. | 74.Father's father's mother's brother's son's son. |
75.Father's mother's father's brother's son's daughter. | |
76.Father's mother's father's sister's daughter's son's (laughter. | |
77.Father's mother's father's sister's son's son's daughter. | 77.Father's father's mother’s brother's son's son's son. |
79.Father's mother's father's brother's son's son's daughter. | |
80.Father's father's mother's mother. | 80.Father's mother's father's father |
81. Father's father's mother's sister. | 81.Father's mother's father's brother. |
82.Father's father's mother's sister's (laughter. | 82.Father's mother's father's brother's son. |
83.Fatlher's father's mother's brother's daughter. | 83.Father's mother's father's sister's son. |
84.Father's father's mother's sister's son's daughter. | 84.Father's mother's father's brother's son's son. |
85.Father's mother's father's sister's son's son. | |
86.Father's father's mother's sister's daughter's son's daughter. | 86.Father's mother's father's brother's daughter's son's son. |
87.Father's father's mother's sister's son's son's daughter | |
88.Father's father's mother's brother's daughter's son's daughter. | 88.Father's mother's father's sister's (laughter's son's son. |
89.Father's father's mother's brother's son's son's daughter. | 89.Father's mother's father's sister's son's son's son. |
90.Father's father's father's mother. | 90.Fatlher's mother's mother's father. |
91.Father's father's father's sister. | 91.Father's mother's mother's brother. |
92.Father's mother's mother's brother's son. | |
93.Father's mother's mother's sister's son. | |
98.Father's father's father's brother's | |
99.Father's father's father's brother's son's son's daughter. | |
100.Husband's brother's widow. | |
101.Husband's brother's son's widow. | |
168
second division
Degrees of Prohibited Relationship
Column I | Column 2 |
1. Mother. | 1. Father. |
2. Father's widow (step mother). | |
3. Mother's mother. | 3 Father's father. |
4. Mother's father's widow (step grand-mother). | grand- father). |
5 Mother's mother's mother. | 5.Father's father's father |
6.Father's father's mother's husband (step great grand-father). | |
7.Father's mother's father. | |
8. Mother's father's father's widow (step great grand-mother). | |
9. Father's mother | 9.Mother's father. |
10.Father's father's widow (step grand- mother). | 10.Mother's mother's husband (step grand-father). |
11.Father's mother's mother. | 11.Mother's father's father. |
12.Father's mother's father's widow (step great grand-mother). | 12.Mother's father's mother's husband (step great grand- father). |
13.Father's father's mother. | 13.Mother's mother's father. |
14.Father's father's father's widow (step great grand-mother). | 14.Mother's mother's mother's husband (step great grand- father). |
15. Daughter. | 15.Son. |
16. Son's widow. | 16.Daughter's husband. |
17. Daughter's daughter. | 17.Son's son. |
18.Son's daughter's husband. | |
19. Son's daughter. | 19.Daughtter's son. |
20.Son's son's widow. | 20.Daughter's daughter's husband. |
21. Daughter's daughter's daughter. | 21.Son's son's son. |
22.Daughter's daughter's son's widow. | 22.Son's son's daughter's husband. |
23.Son's daughter's son. | |
24. Daughter's son's son's widow. | 24.Son's daughter's daughter's husband. |
25. Son's daughter's daughter. | 25.Daughter's son's son. |
26. Son's daughter's son's widow. | 26.Daughter's son's daughter's husband. |
27.Son's son's daughter. | 27.Daughter's daughter's son. |
28. Son's son's son's widow. | 28.Daughter's daughter's daughter's husband |
29. Sister. | |
30. Sister's daughter. | 30. Brother's son. |
31. Brother's daughter. | 31. Sister's son. |
32. Mother's sister. | 32. Mother's brother. |
33. Father's sister. | 33. Father's brother. |
34. Father's brother's daughter. | 34. Father's brother's son |
35. Mother's sister's daughter. | 35. Mother's sister's son. |
(169)
FOURTH SCHEDULE
NOTICE OF MARRIAGE
We hereby give you notice that a civil marriage under PART II of the Hindu Code is intended to be solemnised between us within three calendar months from the dale hereof.
Names | Condition | Rank or profession | Age | Dwelling place | Length of residence |
A B | Unmarried Widower Divorcee | Land owner | |||
Spinster Widow |
Witness our hands, this …
19 day of …
(Signed) .A B C D
THIRD SCHEDULE
(See section 12)
NOTICE OF MARRIAGE
To ………………………. a Registrar of Hindu Marriages under Part II of the Hindu Code for the……………………….District.
We hereby give you notice that a civil marriage under Part II of the Hindu Code is intended to be solemnised between us within three calendar months from the date hereof from the date hereof
Names | Condition | Rank or profession | Age | Dwelling place | Length of residence |
A B | Unmarried Widower Divorcee | Land owner | |||
Spinster Widow |
(Signed) A B C D
(169)
(170)
FIFTH SCHEDULE
(See section 17)
1. I am at the present tune unmarried (or a widower, as the case may be).
2. I profess the Hindu religion (or the Buddhist, the Sikh or the Jaina religion, as the case may be).
4. I am not related to C D (the bride) within the degrees of relationship prohibited by Part II of the Hindu Code.
(And when the bridegroom has not completed the age of twenty-one years :
5. The consent of M N, my father (or guardian, as the case may be), has been given to a marriage between myself and C D, and has not been revoked.)
6. I am aware that, if any statement in this declaration is false, and if in making such statement, I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to Fine.
(Signed) A B (the bridegroom).
DECLARATION TO BE MADE BY THE BRIDE
I, C D, hereby declare as follows:—
2. I profess the Hindu religion (or the Buddhist, the Sikh or the Jaina religion, as the case may be).
3. I have completed ........................ years of age.
4. I am not related to A B (the bridegroom) within the degrees of relationship prohibited by Part II of the Hindu Code.
(And when the bride has not completed the age of twenty-one unless she is a widow:
5. The consent of 0 P, my father (or guardian, as the case may be), has been given to a marriage between myself and AB, and has not been revoked.)
6. I am aware that, if any statement in this declaration is false, and if in making such statement, I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to fine.
(Signed) C D (the bride).
1. I am at the present time unmarried (or a widower, as the case may be).
2. I profess the Hindu religion (or the Buddhist, the Sikh or the Jaina religion, as the case may be).
3. I have completed ........................ years of age.
4. I am not related to C D (the bride) within the degrees of relationship prohibited by Part II of the Hindu Code.
(And when the bridegroom has not completed the age of twenty-one years : 5. The consent of M N, my father (or guardian, as the case may be), has been given to a marriage between myself and C D, and has not been revoked.)
6. I am aware that., if any statement in this declaration is false, and if in making such statement, I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to fine.
(Signed) A B (the bridegroom).
DECLARATION TO BE MADE BY THE BRIDE
I, C D, hereby declare as follows:—
1. I am at the present time unmarried (or a widow, as the case may be).
2. I profess the Hindu religion (or the Buddhist, the Sikh or the Jaina religion, as the case may be).
3. I have completed ........................ years of age.
4. I am not related to A B (the bridegroom) within the degrees of relationship prohibited by Part II of the Hindu Code.
(And when the bride has not completed the age of twenty-one years unless she is a widow:
5. The consent of 0 P, my father (or guardian, as the case may be), has been given to a marriage between myself and AB, and has not been revoked.)
6. I am aware that, if any statement in this declaration is false, and if in making such statement, I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to fine.
(Signed) C D (the bride).
(contd.) 219
Signed in our presence by the above-named A B and C D. So far as we are aware, there is no lawful impediment to the marriage.
G II
(And when the bridegroom or bride has not completed the age of twenty-one years, except in the case of a widow:
Signed in my presence and with my consent by the above-named A B and C D; M N (0 P, the father (or guardian) of the above-named A B (or C D, as the case may be).
Hindu Code for the District of Dated the ........................... day of.............
Signed in our presence by the above-named A B and C D. So far as we are aware, there is no lawful impediment to the marriage.
G II
(And when the bridegroom or bride has not compelled the age of twenty-one years, except in the ease of a widow:
Signed in my presence and with my consent by the above-named A B and C D; M N (0 P) the father (or guardian) of the above-named A B (or C D, as the C.'LSC may be).
(171)
SIXTH SCHEDULE
(See section 19)
REGISTRAR'S CERTIFICATE OF CIVIL MARRIAGE
I, E F, certify that, on the ..................... of ..................... 19 , A B, and C D appeared before me and that each of them, in my presence and in the presence of three credible witnesses who have signed hereunder, made the declarations required by Part II of the Hindu Code and that a marriage under the said Part was solemnised between them in my presence.
(Signed) E F,
Registrar of Hindu Marriages under Part II of the Hindu Code for the District of (signed) A B C D G H I J (three witnesses) K L
Dated this........................ day of.............
FIFTH SCHEDULE
REGISTRATR'S CERTIFICATE OF CIVIL MARRIAGE
I, E F, certify that, on the ......... of ......... 19 , A B, and C D appeared before me and that each of them, in my presence and in the presence of three credible witnesses who have signed hereunder, made the declarations required by Part II of the Hindu Code and that a marriage under the said Part was solemnised between them in my presence.
(Signed) E F,
Registrar of Hindu Marriages under Part II of the Hindu Code for the District of (signed) A B C D G H I J (three witnesses) K L
Dated this........ day of.............
(171)
(172)
SEVENTH SCHEDULE
I, E F, certify that A B and C D appeared before me this day and that each of them, in my presence and in the presence of three credible witnesses who have signed hereunder, declared that a Dharmik marriage was solemnised between them in a Hindu form on the ..................... day of ...............19....... and expressed their desire to have such marriage registered, and that in accordance with their desire, the said marriage has, this day, been registered under section 21 of Part II of the Hindu Code, having effect as such from the ........... day of ......... 19....... the dale on which an application was made for the registration of their marriage under section 21 aforesaid.
The following children born to them after the solemnisation of their marriage in the Hindu form as aforesaid shall be deemed to be, and always to have been legitimate.
[Here enter the names of the children, in the order of their dales of birth, specifying against each child the date of his or her birth.]
(Signed) E F,
Registrar of Hindu Marriages under Part II of the Hindu Code for the District of (Signed) A B
C D
G H
(See section 21)
I, E F, certify that A B and C D appeared before me this day and that each of them, in my presence and in the presence of three credible witnesses who have signed hereunder, declared that a sacramental marriage was solemnised between them in a Hindu form on the ....... day of ...............19....... and expressed their desire to have such marriage registered, and that in accordance with their desire, the said marriage has, this day, been registered under section 21 of Part II of the Hindu Code, having effect as such from the .................. day of ............ 19....... the date on which an application was made for the registration of their marriage under section 21 aforesaid.
The following children born to them after the solemnisation of their marriage in the Hindu form as aforesaid shall be deemed to be, and always to have been, legitimate.
[Here enter the names of the children, in the order of their dates of birth, specifying against each child the dale of his or her birth.]
(Signed) E F,
(173)
EIGHTH SCHEDULE
PREFERENTIAL HEIRS
Class I
(See section 98)
Son; widow: [f1] (a) daughter; son of a predeceased son; widow of a predeceased son; son of a predeceased son of a predeceased son; widow of a predeceased son of a predeceased son.
Class II (See section 98)
II. (1) Son's daughter, (2) daughter's son, (3) daughter's daughter.
III. (1) Son's daughter's son, (2) son's son's daughter, (3) son's daughter's daughter, (4) brother, (5) sister.
IV. (1) Daughter's son's son, (2) daughter's son's daughter, (3) daughter's daughter's son, (4) daughter's daughter's daughter.
V. (1) Brother's son, (2) sister's son, (3) brother's daughter and (4) sister's daughter.
VI. Father's father; father's mother.
VII. Father's widow; brother's widow.
VIII. Father's brother; father's sister.
IX. Mother's father; mother's mother.
X. Mother's brother; mother's sister.
Explanation.—In this Schedule, references to a brother or sister, do not include references to a brother or sister by uterine blood.
SEVENTH SCHEDULE
PREFERENTIAL HEIRS
Class I
(See section 98)
Son ; widow : daughter; son of a predeceased son ; widow of a predeceased son ; son of a predeceased son of a predeceased son ; widow of a predeceased son of a predeceased son.
Class II (See section 98)
II. (1) Son's daughter, (2) daughter's son, (3) daughter's daughter.
III. (1) Son's daughter's son, (2) son's son's daughter, (3) son's daughter's daughter, (4) daughter's son's son, (5) daughter's son's daughter, (6) daughter's daughter's son, (7) daughter's daughter's daughter.
IV. Brother, sister.
V. (1) Brother's son, (2) sister's son, (3) brother's daughter and (4) sister's daughter.
VI. Father's father; father's mother.
VII. Father's widow ; brother's widow.
VIII. Father's brother; father's sister.
X. Mother's brother; mother's sister.
Explanation.—In this Schedule, references to a brother or sister, do not include references to a brother or sister by uterine blood.
(173)
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