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:
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.