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Limited Estate

By K. B. Gajendragadkar

Published In

Air 1942

“The assertion can be made without rashness that the cases relating to the extent and nature of Women’s estate which come before our Courts are more numerous than the other cases on Hindu law put together. “One would therefore prima facie suppose that so far as the Smriti authority goes there is indeed very little in it to support the limited estate of Women in inherited property.” (Mitter—The Position of Women in Hindu Law, page 526.) The fourth part of the draft memorandum of the Law of Inheritance prepared by the Hindu Law Committee refers to Stridhan or Women’s Property. Therein they have expressly inserted a clause which states that there shall be no presumption that “an owner’s rights over property whether acquired by inheritance, gift, devise or in any other way whatsoever, are limited merely because the owner is a woman.” They have thus proposed that no limitation whatsoever should be imported into the nat ....

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