Chapter 256 - Description of the procedure for the division of properties

[Sanskrit text for this chapter is available]

[Full title: Description of the procedure for the division of properties (dāyavibhāga)]

Fire-god said:

1-2. A father that desires to partition (his properties), should divide (them) either equally among his sons, or (set apart) a greater portion for the eldest son. The wives that had not been given private property by their husbands or fathers-in-law, should be given a share in the division, if equal divisions are made (for the sons).

3. After having given a little (of the share) to the wealthy that does not wish to have (the share then), the division (should be made afterwards). Unequal divisions made by the father (should be held as) legal.

4. The sons should equally divide (among themselves) the liabilities of their father afterwards. The outstanding debts of the mother (should be borne by) the daughters, if they had no progeny.

5. That which one has earned (by his effort) without the destruction of the paternal property, (that acquired) from friends (as a gift) and through marriage, cannot be claimed by the co-parteners [partners?] (for a share).

6. The benefits of a common property should be divided equally. The sons of different fathers (forming an undivided family) should take their shares according to (the shares of) their fathers.

7. Both the father and the son would be entitled to equal shares in the property or wealth of the land acquired by the grand-father.

8. If a son is born to a man through his wife of his own caste after the division of the property, a share should be set apart, even after the settlement of the accounts after it is seen.

9. One should not give to the co-parceners an ancestral property that was lost and recovered by him, as well as that acquired by (his own) skill.

10. The property that has been given to one by his parents would be his own. But the mother also would have an equal share in the property that has been divided by the grandfather.

11. Marriage of the unmarried sisters should be done by the brothers already married (in the event of the death of the father) by giving a fourth part of their share.

12. The sons of a brahmin father would be eligible for four, three, two or one share respectively according to the caste (of their mothers). (Similarly) the sons of a warrior caste (would be eligible) for three, two or one shares and that of a tradesman for two or one shares.

13. The property that has been wrongly taken possession of by somebody and divided should again be equally divided. That is the practice.

14. A son got by one not having a son by niyoga^[1] through another’s wife inherits the properties of both the parents. He (is allowed) by the codes of law to do the obsequies (of his father).

15. A son born to one through his lawful wife (is called) aurasa (legitimate). A daughter’s son (is deemed) to be ranking equally with him. A son begotten through the wife of a man by one belonging to his own gotra (clan), or by anyone else, is known as kṣetraja^[2] (a legitimate son).

16. A son clandestinely begotten in the (paternal) house (of a woman) is known to be born in secret. A son born to a virgin (is known as) kānīna and is held to be the son of the maternal grandfather (girl’s father).

17. A son born (of a married woman by another), whether she had menstruated or not, (is known as) paunarbhava. A son given as adoption by his mother or father would be a dattaka (an adopted son).

18. A son sold by them (his original parents) is known as krīta (bought). A son adopted without the consent of his parents would be (known as) artificial. A son offering himself (as a son)to another is (known as) dattātman (one that offers himself). A son in the womb (at the time of his mother’s marriage) is known as sahoḍaja (son of a woman pregnant at marriage).

19. A son deserted (by his father) and becoming a filial (of another) is known as apaviddha (abandoned). (All these) are eligible to offer cakes (at the obsequies) and to inherit their shares. Among these, the subsequent ones (are eligible) if the preceding ones do not exist.

20-21. I have described to you the injunctions in the case of sons (born of the parents) of the same castes. A son got by a śūdra out of lust through a slave girl would be entitled to have a share (in the property of his deceased father). On the decease of (his father), his brothers should give him half a share. Such a person should take the entire property (after the death of the father) in the absence of any brothers or son of sisters.

22-23. The wife, daughters, parents, brothers, their sons, one born in the same gotra, a relative, a disciple and co-students (are deemed as heirs to a sonless man), each one of the latter being eligible in the absence of the former. This rule (holds good) in the case of those diea without progeny belonging to all the castes.

24. The preceptor, the good disciple, the fellow religious student of the same religious order are duly the heirs to the properties of a vānaprastha (forester), ascetic and a religious student.

25. A coparcener and a brother may give to a coparcener or a brother that is born or may take away from a coparcener or a brother that is dead.

26. The coparcener not born of the same womb should not inherit the property of one not born of the same womb. A coparcener not born of the same womb should not inherit the property of one born of different mother.

27-28. A degraded person, his son, a eunuch, a lame person, a mad man, a dull person, one suffering from incurable diseases should be entitled for maintenance but not a share (in the ancestral property). The sons of these (persons), those born of the same womb and those born to a different mother not having any of the above defects (are permitted) to get their share. The daughters of such persons are to be maintained until they are got married.

29. The wives of men not having sons should be maintained if they follow pious paths. But those (wives) that are unchaste and infidels should be banished.

30. The wealth of women is said to be that given by the father, mother, husband, brother and that presented to her near the fire and the ādhivedanika.^[3]

31. The presents made to a woman by her relatives at the time of her marriage would be inherited by her relatives in the event of her death without progeny.

32. The wealth of a woman not having progeny (would belong) to the husband after her death (applicable to) all the four castes such as the brahmins etc. The daughters (would be the legal heirs) if they had delivered a child. Otherwise it would go to the father.

33. One who takes away the property given to his daughter is liable to punishment. (He) is bound to defray the expenses incidental to her marriage and aintenance. In the event of her death, he may take away that given to her after checking the two expenses (mentioned above).

34. A husband need not return the wealth of his wife in the event of (it being spent to meet) a famine, religious observance, illness or on account of imprisonment.

35. One should pay an amount of wealth to his second wife equal with what he has done to his first wife. If he has not given to the first wife already, he should pay a half now.

36. In case that share has been kept as a secret, the division has to be ^^de on being attested by his own people and relatives as witnesses. This should be known as the method by which the division of the house and property and that relating to the dowry (is made).

Footnotes and references:

[1]:

A practice prevalent in ancient times which permitted a childless widow to cohabit the brother or any near kinsman of her deceased husband to raise up issue to him.

[2]:

One of the twelve kinds of sons allowed by the law for inheritance; the others being, aurasa, paunarbhava, dattaka, krīta, kṛtrima, sahoḍaja, apaviddha, gūḍhotpanna, kānīna, svayaṃdata and śaudra. (See Manu IX. 158-60. 166-80.)

[3]:

Property, gifts etc. made to a first wife upon marrying a second.