History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v7.c96.s2.35.4

v7.c96.s2.35.4

What difference can be made between the mother and the father of a man as heirs except on the ground of sex? Probably, the legislators wanted, in however small a way, to compensate women for past injustices to them The Hindu Law of Succession of 1956 goes even beyond Muslim Law in that it recognizes twelve categories of persons (in class I of Schedule) as entitled to succeed simultaneously and take the property of the deceased. In a few cases it is possible that the heirs of class I taking the estate of a deceased person may be twenty or even more, if the latter leaves five sons and five daughters, besides some children of predeceased sons and daughters There is probably no country in the world where so many persons are entitled to succeed simultaneously to a deceased person's estate. The result would be that there would be great fragmentation of property and constant wrangles and litigation. This amounts to distribution of poverty. Under the Hindu Law before 1956 women as heirs to males took as a general rule a limited estate (i. e. a life estate) For example, if a man died leaving his wife and a brother or a brother's son (but no children) his widow would take a limited estate i. e. on the widow's death, the estate would go to the brother (if alive) or to the latter's sons &c. Now (after 1956) the widow would take an absolute estate and she would be able to dispose of it as she pleased (by sale, gift or will). Vide Section 14 of the Hindu Succession Act of 1956.