Book Title: Jaina Law Bhadrabahu Samhita
Author(s): J L Jaini
Publisher: ZZZ Unknown

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Page 133
________________ APPENDIS B. 119 Council has held a daughter to take an absoluto estato in Bombay, there tho Mitakashara applies. And, on the whole, as is trell-known in tbe Bombay Presidency, tromen lave better rights than their Indion sisters elsewhore. So, it is neither strange in principle nor unknown in practice for Hinda ladies to take more than a life--or, to be accurate, more than a Hindu ridor's, estate. Tho Jaida Law books are clear and emphatic and re-itorant that a Jnina widow bas powers orer her deceased lord's estate, eron as he had himself. There is no mention of any kind of restriction upon a childless widow's powers of use, enjoyment or alienation ; nor is there any hint anywhere of a distinction between ancestral and self-acquired proports as the subject matter of the midorr's inheritance. Shloka 73 of Arhona Niti gires her a position prior oren to that of a son. Shloka 114 refers to the full proprietory capacity of a childlces sidot, and Shloka 124 recognises tho absolute disposing powers of the widow of a separated co-parcener. And Bhadrabahu Samhita Sloka 66, invests the ridot, even there she has children, with tho high function of installing the son in the hasband's placo. It would seom to refer to a case where & son is a minor and the vidor succeeds to her deceased hasband; and, then, then tho son attains the years of discretion, the mother instals him in tho place of the husband. It is in this light that I am inclined to interpret the evidence of Rai Bahadar Seth Hukumchand (Ex. 49), Tho desposed as follows: "Bat the husband's property in the first instance descends to and is vested in the wifo during the minority of the son. As soon as the son attains majority, s.c., completes his 16th year, the proprietorship ipso facto shifts from the widow mother of the son. I know of no instance whero a son succeeded the mother on his attaining majority. There have

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