The Position of Women in Hindu Civilisation, from Prehistoric Times to the Present Day c14.s2.52

c14.s2.52

The Dāyabhāga law undoubtedly marks a further step in the expansion of the widow’s rights. It lays down that the widow can get her husband’s share in the family property, even if he happened to be a member of the joint family at the time of his death. Jīmūtavāhana relies upon a text of Bṛihaspati, which is silent about separation and declares that the property of a person can devolve upon his brother, only when he dies without leaving a son or a widow behind¹. He further points out that even when brothers are living as members of a joint family, according to his conception of this institution, each one has got his own share clearly determined, though not specifically separated by metes and bounds; it is then but fair that it should be earmarked for his wife¹. There is further nothing to prove that the wife's co-ownership in the husband's property, that arises at the marriage, automatically terminates at his death, if it happens while the family is still joint². It is therefore but fair that she should be allowed to inherit her husband's share irrespective of the consideration as to whether he had separated from the joint family or not.