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)
(132) Succession to the
property of female Marumakkattauis, etc.
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.
(b) in the absence of any lineal descendant, the property shall devolve on her husband;
(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.
Succession
to the property of a hermit Part sec. II, page 9.
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:—
(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.
(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.
General
provisions relating to
succession
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.
(137) Part III-A,
sec.16, page 14.
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.
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 .
(2) Noticing
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;
(c)
to create in property any
interest or estate which he
or she cannot lawfully create.
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
125.
Maintenance explained.—In this Part, the expression "maintenance" includes—
(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.
Personal
liability to maintain members of family
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;
(b) if he keeps a concubine in the same house in
which his wife is living;
(c) if he has been guilty of such cruelly as to
render it unsafe 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 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.
125. Maintenance explained.—In This Part,
the expression " maintenance " includes—
(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.
Personal liability to maintain members of
family
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.
(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 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.
(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.
(3) A father may
claim maintenance from his son if he is aged and infirm. (151)
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)
(152) 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 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
(c) from her father-in-law
or his father or the estate of either of them;
(viii) any widow of his son or of a son of his
predeceased son, so long as she does not remarry:
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;
(viii) any widow of his son or of a son of his
predeceased son, so long as
she does not remarry:
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.
(156) Part III-A,
sec.7(2), page 14
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;
(iii) the areas for which Marriage Registrars shall
be appointed and their duties
and functions;
(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:
(v) the manner in which notices of applications
under section 21 shall be given:
(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;
(x) the particulars to be specified in
applications for the recording of adoptions;
(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;
(iii) the areas for which Marriage Registrars shall
be appointed and their duties and functions;
(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:
(v) the manner in which notices of applications
under section 21 shall be given:
(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;
(ix) the particulars to be specified in
applications for the recording of adoptions'
(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 |
1. In the preamble the words" and for persons who profess the Hindu Buddhist, Sikh or Jaina religion " shall be omitted. |
|
|
|
2. In section 2, the words " or between person.
Buddhist, Sikh or Jaina religions " shall be omitted. |
|
|
|
FIRST SCHEDULE
Year |
No. |
Short title |
Amendments |
1 |
2 |
3 |
4 |
1872 |
III |
1. In the preamble, the words " and for
persons who profess the Hindu,
Buddhist, Sikh or Jaina religion " shall be omitted. |
|
|
|
|
2. In section 2, the words " or between persons
each of whom professes one or other of the following
religions, that is to say, the Hindu, Buddhist, Sikh or Jaina religions " shall be
omitted. |
|
|
|
3. Sections 23, 24, except in
so far as they effect succession to agricultural land 26 shall stand repeated. |
(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 |
The
whole except in so far as it affects succession to agricultural land in Governors' Provinces. |
|
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
{See section 5(a)]
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 |
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 |
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. |
|
39.Father's
brother's son's son's
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 |
|
49.Father's
mother's brother's son's son's daughter. |
49.Father's
father's sister's son's son's |
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 mother's mother's
sister's son's son's daughter. |
67.Father's
father's father's brother's son's son's son. |
68.Father's mother's mother's brother's daughter's son's daughter. |
68.Father's
father's father's sister's daughter's son's son. |
69.Father's
mother 's mother's brother's son's son's daughter. |
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. |
76.Fatlier's father's mother's
brother's daughter's son's son. |
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. |
78.Father's
mother's father's brother's daughter's son's daughter. |
78.Fatlier's father's mother's
sister's daughter'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. |
|
96.Father's father's father's sister's daughter's son's daughter,
|
96.Father's mother's mother's brother's daughter's son's son.
|
98.Father's
father's father's brother's |
98.Father's
mother's mother's sister's daughter's son's son. |
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. |
|
*Sr. No. 100 to 102 added by Dr. Ambedkar
in his own handwriting— Ed.
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). |
4.Father's mother's husband (step grand- father). |
5
Mother's mother's mother. |
5.Father's
father's father |
6.
Mother's mother's father's widow (step great grand-mother). |
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 |
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
To … Register 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
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 |
|
|
|
|
Witness our
hands, this .... day of ............... , 19
(Signed)
A B C D
(169)
(170)
FIFTH SCHEDULE
(See section 17)
DECLARATION TO
BE MADE BY THE BRIDEGROOM 1. A B, hereby declare as follows:—
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).
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 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 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).
FOURTH SCHEDULE (See section 17)
DECLARATION TO BE MADE BY THE BRIDEGROOM 1. . A B, hereby declare as follows :—
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).
(Countersigned) E
F, Registrar of Hindu
Marriages under Part II of the
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).
(Countersigned) E F, Registrar of Hindu
Marriages under Part II of the
Hindu Code for the District of Dated the ........................... day of (170)
(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
REGISTRATR'S CERTIFICATE OF DHARMIK MARRIAGE
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)
REGISTRATIR'S CERTIFICATE OF SACRAMENTAL MARRIAGE
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,
Registry 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 (172)
(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.
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.
(173)