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History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.1216

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.1216

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v4.c63.1216

In modern times some High Courts such as those at Bombay¹¹⁴⁴ and Calcutta allow wives and mothers to have a share when the husband or the sons divide ancestral estate by metes and bounds, while in Southern India the practice of allotting shares to them has gone out of vogue long since and the Madras High Court does not allow a share to the mother but only maintenance. The Dāyabhāga seems to have¹¹⁴⁵ held that a step-mother who was herself sonless was not entitled to a share when her step-sons came to a partition, but was only entitled to maintenance (vide *Srimati Hemangini v. Kedarnath* L. R. 16 I. A. p. 115 at p. 117).