History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.114.1

v4.c63.t2.114.1

The rights of the widow in property inherited by her from her husband are limited. Kauṭ. III. 2 was¹³⁵⁷ probably the first to propound clearly the characteristics of the Hindu widow's estate and the verse of Kāt. quoted below is remarkably close to the words of Kauṭ. The Mahābhārata (Anuśāsana 47. 24) states that women have only the right to enjoy the estate of their husbands and that they should not waste or destroy the husband's estate (by gift, sale &c.). Bṛ.¹³⁵⁸ (S. B. E. vol. 33 pp. 377-78 verses 50-51 and 53) states: 'when the husband is separate his widow takes all his various kinds of property such as a pledge, except immovable property. After having received movable and immovable property, gold, inferior metals, grain, liquids and clothes the widow shall cause (her husband's) monthly, six-monthly and annual śrāddhas to be performed. Let her honour with funeral offerings and pious charity her husband's paternal uncle, *gurus* (elders), daughter's son, sister's son and maternal uncle as also aged or helpless persons, guests and women'. Mādhava (Par. M. III. p. 536) explains that 'except immovable property' means that she is prohibited from making a sale of immovable property without the consent of the male kinsmen. The V. Mayūkha (p. 138) accepts this interpretation and modern courts have done the same. In *Damodardas v. Purmanandas* 7 Bom. 155 it was held that a widow to whom movable property was bequeathed by the will of her husband takes it absolutely.