Inheritance to females, under the original Hindu Law, was governed by rules different from those which governed inheritance of the property of males, under the different schools of Hindu Law. While males succeeding as heirs whether to a male or a female took the property absolutely, the females succeeding as heirs whether to a male or a female took a limited estate or life estate in the property inherited by them except in certain cases in Bombay State and on her death the property passed not to her heirs, but to the next heir of the person whom she inherited it. It is only in respect Stridhan property that she had absolute right of disposal; and that too only during her maidenhood and widowhood, but during the covertures she had no power to dispose of without the consent of her husband, except such property which was her sagdayika stridhan.
Section 74 of the Act abolishes Hindu woman’s limited estate and confers upon her absolute rights on all properties including both movable and immovable property acquired by a Hindu female by inheritance or devise, or at a partition, or in lieu of maintenance, or by gift from any person, a relative or stranger or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever and also any such property held by her as stridhan before the commencement of the Act.
Under either system of law, the Dayabhaga and the Mitakshara, two or more persons inheriting jointly took as tenants in common except in such cases, as of two or more widows succeeding as heirs to their husband, or of two or more daughters succeeding as heirs to their father who took joint tenants with rights of survivorship. The Act maintains this principle of successors taking as tenants in common with the modification that the daughters will also take as tenant in common. (Vide Sec. 19).