The Gazetteers Department

In respect of inheritance the Hindus are governed by the Hindu law and the Muhammedans by the Muhammedan law. Prior to the passing of the Hindu Succession Act in 1956 the Mitakshara School of Hindu law applied to this district according to which the succession was mostly agnate in the line, its general principle being that property devolved on the sons on the death of the father. According to Manu, the great law giver, " to the nearest sapihda the inheritance next belonged." As soon as the last owner of the property passed away the property devolved upon his nearest sapinda, or the person connected nearest. By stressing agnate succession, inheritance according to Hindu law became essentially patriarchal. Widows and son's widows were entitled to maintenance and daughters to maintenance before marriage and to expenses incurred at their marriage, out of the joint family funds.

In the past a person lost his right to property if he changed his religion but as early as 1850 this was rectified by the Caste Disabilities Removal Act. Similarly if a widow remarried, she lost her rights but with the passing of the Hindu Widow's Remarriage Act in 1856 this disability was removed. However, a woman could own the personal property (streedhan) given to her at marriage. The agnate succession was also modified by the passing of the Hindu Women's Right to Property Act of 1937 under which in certain cases, the widow became entitled to the same share as a son and in the case of a joint family the widow took the place of her deceased husband.

Legislation in recent years has included measures of reform affecting the law of inheritance among all classes of Hindus. The Hindu Succession Act of 1956 aims at simplifying the Hindu Law of Succession. The Act removes the inequality between man and woman in regard to right of property. It does away with the distinction between Mitakshara and Dayabhag Law of Succession. However, special provision is made for regulating succession to the property of intestates. The Act has made the following changes, which are revolutionary in the old Hindu Law. (1) All property held by a Hindu woman is now her absolute property and there are no restrictions on her rights. (2) The heirs of a deceased Hindu are entitled to get a share even in the undivided interest in the coparcenery property. A Hindu can make a will even of his individual interest in the coparcenery property. In its clarification it could be said that before the passing of this Act, except streedhan, a woman was not supposed to be the last owner of the property, nor a married daughter could claim right in her father's property. But now a daughter has as good a claim over her father's property as the son, provided her father does not debar her by law. Secondly a widow has only life interest in the property and she was not legally entitled to dispose of her property as she liked. That disqualification is now removed.

Among the Muhammedans, the father has the absolute right in the property and he can debar any of the sons from inheritance if he was not satisfied with him. According to Muhammedan Law the daughter has as good a claim over her father's property as the son and there is a fixed ratio of the right of the son and the daughter.

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