The Position of Women in Hindu Civilisation, from Prehistoric Times to the Present Day c14.s2.78

c14.s2.78

Till 1937 it was only in Bengal where the Dāyabhāga law prevailed, that the widow could inhereit her husband's property, even if he had died as a member of the joint family. Outside Bengal, she was recognised as an heir, only if her husband had effected a separation from the joint family before his death. This was the law as it was laid down in the *Mitāksharā* and enforced in modern courts. The latter, however, were anxious to help the widow as much as they could, and sought to facilitate matters in her favour by decreeing that a person should be regarded as being separated from the joint family, not only when he had actually severed his connection, but also when he had merely communicated his intention of doing so to his other coparceners. This used to enable many persons, who did not share the traditional regard for the sanctity of the joint family, to secure the devolution of their shares upon their wives. Those wives, however, who did not advise their husbands to take this rather unpleasant step, got as a reward for their regard for the joint family, the misfortune of losing their right of inheritance to their husbands. This was undoubtedly an undesirable and anomalous state of affairs. The Hindu Women’s Right to Property Act of 1937 extends the Dāyabhāga principle to the whole of British India, and invests the widow with the right to inherit her husband’s share in the family property, irrespective of the consideration as to whether he had effected a separation from the joint family or not. This is a step in the right direction and will be adopted by Indian states also in the near future.