40. Woman’s share in Patrimony

Apastamba, Manu and Narada do not allow the widow of a sonless male to succeed as heir, while Gaut. 28.14 appears to say that she is an heir along with sapindas or sagotras. The Sakuntala (act VI) also contemplates the same view. Yajnavalkya II.135 mentions the widow as the first heir of a sonless man dying separate Visnu, Katyayana and others say the same. So in medieval times the rights of widows to property were better recognised than in the times of the early sutra writers. In this respect, the position of women improved in medieval times, though in the religious and other spheres their position became worse, as they were

equated with sudras. 214 } 394 The Brahma Purana mentions an instance from which the idea can be gathered regarding its views on woman's share in paternal property. Thus it is said that when Vaivasvat Manu decided to divide his kingdom, he distributed it amongst his nine sons and Sudyumna did not get any share as he was formerly in the form of a girl and was known as Ila, but his share was given to his son Pururavas (7.20,21). Thus it can be seen that the girls had no share in patrimony but their share was transferred to their sons. 214 Kane P.V., Op.Cit., PP. 581,582.