History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v7.c96.s2.35.5

v7.c96.s2.35.5

Not only this, that section has retrospectively conferred an absolute estate on the widows who succeeded as limited owners before 1956. Suppose a person died in 1950, leaving a widow and a brother. The widow would take only a limited estate and she could not sell it or will it away, if she died before 1956 the husband's brother would have succeeded to the estate. But suppose she is alive and in possession of her husband's estate when the Act of 1956 was passed. Her estate is at once enlarged. She can donate it to any one or leave it by her will to her own brother and entirely destroy the expectancy of the husband's brother to succeed to her husband's estate. This is equality of women with a vengeance The mass of people know nothing about this at present. But when many cases come before the courts and the common people come to know the present law whereby the expectancies of male members of her husband's family are set at naught by the widow transferring the property to persons that are strangers there is bound to be great trouble.