The Position of Women in Hindu Civilisation, from Prehistoric Times to the Present Day c14.s2.27

c14.s2.27

The school of reformers, however, was not prepared to accept any such compromises. It insisted that the widows's right to inherit the full share should be recognised. It based its case on logic and reason. Bṛihaspati pointed out that the Vedas, the Smṛitis and sages of antiquity have unanimously declared that the husband and the wife are the joint owners of family property and together constitute one legal personality. A man therefore cannot be said to be completely dead as long as his wife is alive. How then can property pass on to another in the life time of the widow¹? Vṛiddhamanu points out that the widow can offer funeral obtations to her husband, and so she should be allowed to inherit his property². To remove any doubt in the matter, Prajāpati lays down that the widow has a natural right to inherit all her husband’s property, including moveables, immoveables, bullion, ornaments, stores, etc. Her right is not in the least affected even if her elderly relations, male or female, are alive. She will of course show them proper reverence, but hold the property in her own possession. If any male relation obstructs her peaceful enjoyment of the estate, it is the bounden duty of the king to punish him as a thief³.