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Report No. 81

4.3. Position before the Hindu Succession Act.-

The position on the subject before the Hindu Succession Act may be briefly dealt with, as a matter of interest. By the Bengal School of Hindu law, the daughter's right of succession to property right being founded on her offering funeral oblations through her son, a daughter who is a sonless widow was not entitled to inherit to her father.1 Presumably, section 4 of the Act of 1856 has this disability in mind.

1. Dayabhaga, Chapter 11, section II, verses 3 and 15; Banerjee Marriage and Stridhana, (1923), pp. 314, 315.

Hindu Widows Re-marriage Act, 1856 Back

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