Hindu Law and Judicature from the Dharma-Sástra of YájnavalkyaYajñavalkya
Religion
Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
Yajñavalkya
Hindu law
120. If however the common property be augmented, equal division is
enjoined.[183] In making division among several grandsons, regard
should be had to the respective [portions of their deceased] fathers;
121. inasmuch as the ownership of father and son is co-equal in the
acquisitions of the grandfather, whether land, any settled income, or
moveables.
122. If a son be born of a wife of equal cast, after partition made,
he is to share; or a share may be allotted him from the estate as it
is, after allowing for income and expenditure.[184]
123. Whatever property may be given by the parents to any child,
shall belong to that child. If partition be made after the father's
death, the mother shall also have an equal share.[185]
124. Those of the brothers whose ritual ceremonies have not been
accomplished, shall have them completed by the others whose ritual is
gone through: so in like manner as to the ritual of sisters, [each of
the brethren] devoting a fourth part of his share.[186]
125. The sons of a bráhmaṇ, shall receive, according to their
[mother's] cast, four parts, or three, or two, or one: the sons of a
kshattriya [in like manner], three, or two, or one: and the sons of a
vaisyá, two, or one.[187]
126. Whatever, after partition has taken place, may be discovered to
have been wrongly appropriated by one of the sharers,[188] shall be
equally divided among them all: this is enjoined.
127. A son begotten by one who is without male issue, in obedience to
precept,[189] upon another man's wife, becomes by law heir to both,
and presents the death-oblations of both.[190]
128. (I) "An _aurasa_[191] son," is one born of a _dharma_[192] wife;
equal with him is
(II) "A daughter's son."[193]
(III) "A wife's son," is a son begotten by
a relative[194] [of the husband] or by another [duly authorised].
129 (iv) "A son of hidden birth," is one brought forth in private, in
the [husband's] dwelling.[195]
(v) "A girl's son," is one born of an unmarried girl;[196] he is
considered the son of the maternal grandfather.
130 (vi) "A son of the twice-married," is one born of a woman [by a
second marriage], whether she be [at the time of that marriage] a maid
or not.[197]
(vii) "A son by gift," is one who is made a gift of, either by his
father or his mother.[198]
131 (viii) "A son by purchase," is one sold by his parents.[199]
(ix) "A son made," is a son [born of parents deceased,] selected by
any one for himself.
(x) "A self-given son," is one who has given himself [as a son to
another.][200]
(xi) "A son with the bride," is one of whom the mother is already
pregnant [by another than her husband] when she marries.[201]
132 (xii) "A deserted son," is one adopted upon being forsaken [by his
own parents.[202]]
The first in order that there may be, of the sons above described,
shall present the oblation cake[203] and take the inheritance.[204]
Public-domain text, read in full here on John Shaqi.
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