Jaina Law Bhadrabahu Samhita

SR No.: 011057
Original Sutra Author: N/A
Author: J L Jaini
Publisher: ZZZ Unknown
Total Pages: 146
Language: English
Classification: Book_English
File Size: 5 MB

Page 132

118
APPENDIX B.
the whole estate mas giren to her if it as small. Later, even a large estate tas giren, if the rorersioncrs cro trell-to-do and the fomily high, 60 that the ridor should be able to maintain the husband's states in society. To this layne adds the influenco of Niyoga, by which the Tridory could raiso issue to lier doad husband. Reversioners naturally disliked the bringing in of a strange malo heir into the family; therefore they compromised to give the ridor a life-estato on condition of her chastity and consequent impossibility of bringing in a stranger heir into the family, Hindu Law (8th Edition), page 731 ct scq.
This account is not accepted unirersally. For example, Mr. J. C. Ghoso disputes Mayno's saying that thore is " little to be found on the subject in the Ilipdu writings." Dr. G. O. Sircar says:-"Katyayana is tho only authority for curtailing Toman's rights in property inherited by tliem," and that test also refers only to Stridhana. Be refers to 2 texts of Trihas. pati, one laying down that the widow could not take immorcable property, and the other allorring her to take immorcables as well as morcables. (Hindu Laro by J.C. Glos0, pp. 234-235). As to the roman's incapacity to hold or inborit property, it can be traced back to Baudhayana in the Sutra period. The practice in the Vedic age was cortninly different. Yajnavalkya's tires got their husband's property. According to Vijnanesvara, a roman may acquire properts by the Tery samo right modes which are open to a man, and her inheritance is also her Stridhana. The Mitaksliara is quite clear: “ also property Thich she may hare acquired by inheritance, purchaso, partition, seizure, or finding, are denominated by Dana and the rest woman's property." But there is no doubt that the rights of Hindu females are very much curtailed by the decisions of Courts of Law, and the spirit of the old Hindu Lav-givers is very much disregarded in these decisions. Yet, even the Privy