Succession: SECTION 108-114

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SUCCESSION

SECTION 108-114
SECTION 108
 General order of succession to male bhumidhar, asami or government lessee –
 (1) Subject to the provisions of section 107, where a bhumidhar, asami or government
lessee, being a male dies, his interest in his holding shall devolve upon his heirs being the
relatives specified in sub-section (2) in accordance with the following principles, namely:-
 (i) the heirs specified in any one clause of sub-section (2) shall take simultaneously in
equal shares;
 (ii) the heirs specified in any preceding clause of sub-section (2) shall take to the exclusion
of all heirs specified in succeeding clauses, that is to say, those in clause (a) shall be
preferred to those in clause (b), those in clause (b) shall be preferred to those in clause (c)
and so on, in succession;
 (iii) if there are more widows than one, of the bhumidhar, asami or government lessee, or
of any predeceased male lineal descendant, who would have been an heir, if alive, all such
widows together shall take one share.
(iv) the widow or widowed mother or the father’s widowed mother or the widow of any
predeceased male lineal descendant who would have been an heir, if alive, shall inherit only if
she has not remarried.
(2) The following relatives of the male bhumidhar, asami or government lessee are heirs,
subject to the provisions of sub-section (1), namely:-
(a) widow, unmarried daughter and the male lineal descendants in the male line of descent per
stirpes.
(b) mother and father;
(c) (deleted);
(d) married daughter;
(e) brother and unmarried sister being respectively the son and the daughter of the same father
as the deceased, and son of a predeceased brother, the predeceased brother having been the son
of the same father as the deceased;
(f) son’s daughter;
(g) father’s mother and father’s father;
(h) daughter’s son;
(i) married sister;
(j) half sister, being the daughter of the same father as the deceased;
(k) sister’s son;
(l) half sister’s son, the sister having been the daughter of the same father as the deceased;
(m) brother’s son’s son;
(n) father’s father’s son;
(o) father’s father’s son’s son;
(p) mother’s mother’s son.
Section 109

 Succession to woman inheriting interest as a female heir-Where before or after the


commencement of this Code, any woman inherits the interest of a male bhumidhar, asami
or government lessee in any holding, and such woman dies, marries or remarries after such
commencement, then, her interest in the holding shall, subject to the provisions of sections
107 and 112 devolve upon the nearest surviving heir of the last male bhumidhar, asami or
government lessee, as the case may be.
Explanation. - The expression ‘nearest surviving heir’ in this section means the heir
ascertained in accordance with section 108.
Provided that if any woman inheriting as a daughter, who has surviving heirs specified in
clause (a) of section 110 of this Code, dies, her interest in the holding shall devolve upon heirs
specified in clause (a) of section 110.
Section 110 - Succession to woman holding
otherwise than as a female heir
 Where any female bhumidhar, asami or a government lessee dies, after the commencement
of this Code, then her interest in any holding or its part shall subject to the provisions of
sections 107 to 109 devolve, in accordance with the order of succession given below:-
a) (a) son, unmarried daughter, son’s son, son’s son’s son, predeceased son’s widow, and
predeceased son’s predeceased son’s widow, in equal shares per stirpes:
Provided firstly that the nearer shall exclude the remoter in the same branch:
Provided secondly that a widow who has remarried, shall be excluded;
b. husband;
c. (omitted);
d. married daughter;
e) daughter’s son;
f) father;
g) widowed mother;
h) brother, being the son of the same father as the deceased and brother’s son per stirpes;
i) unmarried sister;
j) married sister;
k) sister’s son.
Section 11 - Savings as to religious endowments. etc. - Nothing in this Chapter shall be
construed to apply to the devolution of management of a Hindu devasthan, math or debutter
property or of a Muslim waqf comprising any holding, which shall continue to be governed by
such personal or other law as may be applicable to it.
Section 112 - Interest of co-tenure-holders to
pass by survivorship
 (1) Where before or after the commencement of this Code, two or more co-widows inherit
the interest of a male tenure-holder, and any one of them dies or remarries after such
commencement without leaving any heir entitled to succeed in accordance with section
108, the interest of such co-widow shall pass by survivorship to the surviving widow, and
where there are two or more surviving co-widows, then to the surviving co-widows in
equal shares.
 (2) Where any land is held by two or more co-tenure holders, and any one of them dies
after the commencement of this Code without leaving any heir entitled to succeed under
sections 108 to 110, the interest of such co-tenure holder shall pass to the surviving co-
tenure holders in equal shares.
Section 114 - Persons other than Indian citizens and persons of Indian origin not to
inherit-
Notwithstanding anything contained in this Code or any other law for the time being in force,
no person other than an Indian citizen and person of Indian origin who has acquired citizenship
of any other country shall be entitled to acquire any land or any interest therein either by
bequest or by inheritance.
Section 114 - Other conditions regarding devolution

 The devolution of interest in any holding under this Chapter shall be subject to the following conditions –
a) (a) If a bhumidhar, asami or government lessee dies intestate, and at the time of his death, a child was in
the womb who was subsequently born alive, then such child shall have the same right to inherit as if he or
she had been born before the death of such bhumidhar, asami or government lessee and the inheritance
shall be deemed to vest in such a case with effect from the date of death of such bhumidhar, asami or
government lessee;
b) (b) Where two persons have died in circumstances rendering it uncertain whether either of them and if so
which survived the other, then for purposes of devolution of interest in any holding, it shall be presumed,
until the contrary is proved, that the younger survived the elder;
c) (c) A person who commits murder of a bhumidhar, asami or government lessee, or abets the commission
of such murder, shall be disqualified from inheriting the interest of the deceased in any holding;
d) (d) If any person is disqualified from inheriting the interest in the holding of any bhumidhar, asami or
government lessee under clause (c), such interest shall devolve as if the disqualified person had died
before the death of such bhumidhar, asami or government lessee.
Explanation.-In this section, the expression ‘murder’ means any offence punishable under section 302,
section 304, section 304-B, section 305 or section 306 of the Indian Penal Code.

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