HINDU WIDOWS AND THEIR PROPERTY RIGHTS:

HISTORICAL STUDY
A research prepared submitted in partial fulfilment of the course
Family law – II for obtaining the degree BBA LLB (Hons.) doing the
academic year 2019-2020.

Submitted by
RAHUL KUMAR
2032
Submitted to
Ms. Pooja Shrivastava
Assistant Professor

August 2019
Chanakya National Law University, Patna
Mithapur Nayaynagar, Patna
 INTRODUCTION
Throughout the historical development of humanity, in the proliferation of human civilization
and in the social economy of the world, woman has always been considered as an important
part as man. At the same time, she also has always been treated as an inferior creature as
compared to their male counterparts. Though provided with every ability as par with man,
woman are seen as though inferior to man due to the patriarchal mind-set of the society. This
inferior status of the woman exists not merely in their households and in the society but also
in the matter of privileges and right. It is so because our legal system also develops itself on
the basis of prevailing norms of social sphere and these social norms and values put
tremendous effect on the legal system. Thus the effect of social status and position of women
shows its impact over conventions and laws of our society also. Our Constitution in its
preamble provides for Justice - social, economic and political, and with its declaration of
equality of man and woman through its numerous provisions e.g. Fundamental Right's and
Directive Principles. It envisages the ushering of new era wherein women as a citizen of
India will be treated as equal to man in all walks of life. It is indeed a great proclamation
which ends an old era and declares the principles on which the new era will be based. But it
is that blueprint which is however to be realized. It is one thing to enact a principle and it is
another to actualize it in real life. Though de-Jure rights and freedoms are provided with great
enthusiasm but it does not essentially mean that those rights and freedoms are actually
realized. If we want to achieve these rights and freedoms in reality it could be done only by
adopting a very stern, active, ceaseless and conscious struggle guided by a very clear and
comprehensive perspective. But unfortunately up till now, this milestone fails to convert this
de-Jure equality into de-facto reality. There is still a lot of gender discrimination almost in all
walks of life. Though this gender in equality facets itself in different forms, but the most
tiresome one relates to the effective property rights of women. It is one of the most
controversial topics in the Hindu law. Because the Parliament by enacting the Hindu
Succession Act 1956,accorded those property rights to the women where by she can
constitute her independent rights of inheritance and independent stock of descent. Before the
passing of this Act, women’s right to inherit, own and control property are determined
primarily by the values and norms which are socially acceptable and the primary objective of
inheritance systems in Indian society has been to preserve property, especially landed
property, intact for male heirs. Though the Hindu Succession Act was passed with main
objective of ameliorating and to enhance the women’s economic position, but the real
problem began when it is going to be applied in reality. Since the question of woman’s
inheritance rights are concerned with immovable property, especially land, and our
patriarchal structure does not allow women to inherit the landed property. Even our customs
(excluding, of course matrilineal customary law) tend to limit women’s property only up to
the movable contents e.g. ornaments and clothing actually given to them at the time of
marriage. Sometimes these customs allow them to inherit from very near relation like the
father and mother or some time from the mother only otherwise it denies the right of
inheritance to cognate kindred. Here if we analyze the historical perspective of widow ’s
property rights, we find that though lot has been done in this direction but much more is still
left to be done.

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  AIM
To critically analyze the historical aspect of the Hindu widow’s property rights.

 OBJECTIVE OF THE STUDY

1. To study the property rights of Hindu widows in her husband’s property.

2. To study the property rights of Hindu widows in her father’s property.

 HYPOTHESIS

Researcher hypotheses’ that

o There are rights of the Hindu widow in the property of family of her husband.

TENTATIVE CHAPERIZATION
1. INTRODUCTION
2. HISTORICAL BACKGFROUND
A. PROPERTY OF WOMEN IN VEDIC AGE
B. PROPERTY RIGHTS OF WIDOW UNDER DIFFERENT SCHOOLS
C. WOMEN’S PROPERTY RIGHTS UNDER CUSTOMARY LAW
3. WIDOW PROEERTY RIGHTS UNDER STATUTORY LAW
o THE HINDU WOMEN'S RIGHT TO PROPERTY ACT, 1937
4. IMPORTANT CASE LAWS
5. CONCLUSION & SUGGESSTIONS

BIBLIOGRAPHY
JOURNALS

 All India Reporter

 Supreme Court Cases

BOOKS:

 Agrawal, K. B. (2010). Family Lawn in India. Kluwer Law International. Diwan, P.

(2016). Modern Hindu Law. Allahabad Law Agency.
 Sir Dinshaw Fardunji Mulla, S. A. (2013). Mulla Hindu Law. Lexis Nex

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