Inheritance in Property and Hindu Women in Hindu Law:- Although the issue of Muslim women's inheritance in property is repeatedly discussed, many of us do not know about Hindu women's inheritance in property. Various aspects of inheritance of Hindu women are highlighted from the book 'Women in Family Law' of Ain and Shalis Centre-
In order to find the cause and context of the current socio-economic deplorable condition of Hindu women in Bangladesh, it is important to have some understanding of the prevailing inheritance laws in the country. Since the law of inheritance is prevalent in Bangladesh, the inheritance part is discussed under the law of inheritance:
Classification of heirs
According to Daivahaga, heirs can be mainly divided into three categories:
1. the body
1. Spinda theory:
Sapinda doctrine is the mainstay of Hindu inheritance law. Smriti Shastra, the main source of Hindu law, states that those who are the descendants of the deceased will inherit the property of the deceased. The meaning of this word 'Sapinda' was later disputed between Bijneshvara, the commentator of Mita Raksha doctrine, and Jimutavahana, the commentator of Dayavaga doctrine. According to Vijneshwar, 'Sapinda' means those who are related to the body and blood of the deceased, who will be the heirs or heirs of the deceased. On the other hand, according to Jeemutavahana, sapinda means those who are entitled to give pinda in the Shraddha of the deceased, as per the Shastras, are the sapinda of the deceased. That is, eligible to inherit the deceased person.
Hindus have to perform Shraddha when someone dies. At the time of Shraddha, together with the dead person, the top three men of the paternal clan and the top three men of the maternal clan are prepared and offered rice, milk, bananas, sweets etc. The same is called pindana. The people who are entitled to the pindana of the deceased are called 'Sapinda'.
1. A person who is bound to give pindana while alive is the son of a living person. This group includes his three immediate paternal ancestors—father, grandfather, and great-grandfather—and his three immediate maternal ancestors—grandmother, great-grandfather, and great-great-grandfather.
2. When a person dies, all those from whom he is entitled to receive the remains are the remains of that deceased person. In this group the lowest three males from his son's side - son, grandson, great grandson and from the daughter's side the lowest three males - daughter's son, son's daughter's son, great grandson and from the daughter's side the lowest three male - daughter's son, son's daughter's son, great grandson and daughter's side From the lowest three men include - daughter's son, son's daughter's son, grandson's daughter's son.
3. Apart from the above total of 12 sapindas together with the predecessors and successors, all the men who are related to Pindadan in the congregation or circle of three men are each other's sapindas. According to this rule, the number of members is 36. There are also five special female sapindas. Right widows, daughters, mothers, grandmothers and great-grandmothers. So total number of people : 12 + 36 + 5 = 53 people.
Determination of heritability in 53 individuals
There are four formulas or rules for determining priority in succession. According to that convention, ancient scholars have prepared a list of sapindas in order of priority in personal succession:
A. the son
c. great grandson
The above three are foremost and jointly claimant to the succession.
4. the widow
5. Daughter: Unmarried daughter claims first among daughters. Then the claim of daughters who have sons. Childless daughters, widowed daughters without sons and daughters who have only daughters will be disinherited.
A. First of all full brothers i.e. where both parents are same.
b. Vaimatreya brother.
10. brother's son
A. First brother's or full brother's son.
b. Vaimatreya brother's son.
11. Brother's son's son:
A. First brother's or full brother's son's son.
b. Vaimatreya is brother's son's son.
12. Nephew or sister's son.
14. paternal grandmother
15. Father's younger brother and elder brother.
16. Father's brother's son.
17. Sons of father's brothers' sons.
18. Pistuto Bhai means father's sister's son.
19. Great-grandfather or father's father's father.
20. Great grandmother or father's father's mother.
In this list we find that only five women inherit property-
A. the widow
c. the mother
d. paternal grandmother
e. great grandmother
However, according to the Hindu Law Succession (Amendment) Act, 1929, the names of three more women will be added to the above list-
A. son's daughter
b. daughter's daughter and
The three men above the great-grandfather are called Sakulya. During the sraddha, after the pindana of the sapindas, the pindlepa that remains is offered to the Sakulyas.
The law of inheritance includes two classes of inheritance rights. correct
A. The subordinate men of the fourth, fifth, sixth male line of that person are the first group.
b. Father, grandfather, great-grandfather and fourth, fifth, sixth male ancestors and six male subordinates of those ancestors belong to the second class. It should be noted that there are no women in the Sakulya category, all are men.
The superior man of Sakulya is called Samanodaka. During Shraddha only water is offered to them. The word Udaka means water in Sanskrit.
Like the Sakulyas, the Samanodakas are all male. 8 to 14 levels of cognate relationships are included in the egalitarian class. The number of equals is 147 people.
Among Sapinda, Sakulya and Samanodaka
Order of Succession:-
The claim of Sapindas in succession is paramount i.e. they are the first class heirs. After the Sapindas, the claims of the Sakulyas and finally the claims of the Samanodakas. We have seen that the number of sapindas is 53 people. If any of them survives, they cannot claim any inheritance. So the Sakulyas are very distant successors and the Samanodakas are even more distant.
Anyway, here are some examples related to the above discussion, it is hoped that the position of Hindu women in property will be a little clearer through the examples-
1. Saurabh died leaving behind his two brothers and a sister. Here one brother will get Sourav's property equally. Sister is not a sapinda. Because, among the five women who are entitled to inherit under the law of partition, there is no sister named. So sister will not get property here under any circumstances.
2. Vishnu died leaving behind his four daughters and mother. Among the girls, one is unmarried, one is married with a daughter-in-law, one is married but childless and the other is a widow with two daughters. In this case, the unmarried daughter's claim is paramount, the unmarried daughter will get all the property of Binchu in life right. Mom will get nothing. Because, girls rank 5th and mars rank 8th in the list.
3. Subas died leaving behind a wife and two sons. In this case all the properties of Subas will be divided into three parts. 1/3 share will be given to the wife and the remaining 2/3 share will be shared equally between the two sons of Subas. After the passage of the 'Hindu Women's Rights in Property Act, 1937' according to Section 3 of that Act, the wife is entitled to an equal share of one son. It should be noted that if there were more than one widow in this case, then all of them together would get an equal share in the life property of one son. Incidentally, since the law has come up, here are the significant changes brought about by this law:
Hindu Women's Property Rights Act, 1937
This act was passed to further expand the property rights of women in traditional Hindu law. But unfortunately the rules of distribution of property recorded here are so restrictive that new problems have arisen. However, this Act brought about some important changes in the inheritance of women-
1. A widow is entitled to a share equal to that of a son. But if there are more than one widow then all of them together will get equal share of one son's life property.
2. The widow of a predeceased son, if there is no surviving son of such predeceased son, inherits the property like a son, and if there is a son or sons of a son living of such predeceased son, the widow is entitled to the property like a daughter-in-law.
That is, this Act gives rights to the deceased's property to his widow, widow of a predeceased son and widow of a predeceased grandson.