Under the Dharmasastras only a chaste wife could inherit her husband’s property. In Moniram Kolita v. Keri Kolitani, 5 Cal. 776, it was argued that a widow who was chaste and so inherited her husband’s property would be divested of the estate if she subsequently became unchaste. Reliance was placed upon the text of Katyayana according to which a widow is to enjoy the husband’s property for her life-time “keeping unsullied the bed of her lord and abiding her venerable protector.”
The use of the present continuous tense “keeping unsullied” was suggestive of such a construction. But it is obvious that “abiding with the venerable protector” is only recommendatory for she would not forfeit her estate if she lives separately. Similarly the requirement as to “keeping the bed unsullied” is also preceptory. So Sir Baron Peacock held that the widow does not forfeit her limited estate by subsequent unchastity.
According to the Mitakshara, chastity is not a condition precedent to the taking of the inheritance as regards other female heirs. In regard to the widow alone it was a pre-requisite to taking the inheritance. Under the Hindu Women’s Rights to Property Act, 1937, there was no specific mention of unchastity being a bar to a widow inheriting to her husband under that Act.
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So there was a conflict of judicial opinion. The Madras High Court held that the disability arising from unchastity was still operative: Ramayya v. Motayya, AIR 1952 Mad. 187. Contra. Akoba v. Sai Genu, AIR 1941 Bom. 438.
According to the Dayabhaga prevailing in Bengal in the case of succession to a male, unchastity barred not only a widow but also other female heirs such as daughter and mother. When succession was to a female, unchastity was no bar.
That is, in succession to Stridhana, the question of chastity of female heirs did not arise even under the Dayabhaga. Now the Hindu Succession Act, 1956 removes this bar in the case of all female heirs by providing that disqualifications to inheritance not imposed by the Act shall not be enforced, (s. 28). The Act has not imposed any disqualification based on the requirement as to chastity.
Under the Act:
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Under the Hindu Succession Act, 1956, all doubts are now set at rest. The disability arising from unchastity has been removed. Even an unchaste widow may now inherit. Thus unchastity has ceased to be a bar to inheritance.