Kautilya's Arthashastra 3.5: Chapter 5 (Section 60): Partition of Inheritance

3.5.1

anīśvarāḥ pitṛmantaḥ sthitapitṛmātṛkāḥ putrāḥ //

SONS whose fathers and mothers or ancestors are alive cannot be independent (anísvarah). After their time, division of ancestral property among descendants from the same ancestor shall take place, calculating per sterpes (according to fathers).

3.5.2

teṣām ūrdhvaṃ pitṛto dāyavibhāgaḥ pitṛdravyāṇām //

3.5.3

svayaṃārjitam avibhājyam, anyatra pitṛdravyād utthitebhyaḥ //

Self-acquired property of any of the sons with the exception of that kind of property which is earned by means of parental property is not divisible. Sons or grandsons till the fourth generation from the first parent shall also have prescribed shares (amsabhájah) in that property which is acquired by means of their undivided ancestral property; for the line (pindah) as far as the fourth generation is uninterrupted (avichchhinnah). But those whose line or genealogy from the first ancestor is interrupted (vichchhinnapindáh, i.e., those who are subsequent to the fourth generation), shall have equal divisions. Those who have been living together shall redivide their property whether they had already divided their ancestral property before or they had received no such property at all. Of sons, he who brings the ancestral property to a prosperous condition shall also have a share of the profit.

3.5.4

pitṛdravyād avibhaktopagatānāṃ putrāḥ pautrā vā ācaturthād ity aṃśabhājaḥ //

3.5.5

tāvad avicchinnaḥ piṇḍo bhavati //

3.5.6

vicchinnapiṇḍāḥ sarve samaṃ vibhajeran //

3.5.7

apitṛdravyā vibhaktapitṛdravyā vā saha jīvantaḥ punar vibhajeran //

3.5.8

yataś cottiṣṭheta sa dvyaṃśaṃ labheta //

3.5.9

dravyam aputrasya sodaryā bhrātaraḥ sahajīvino vā hareyuḥ kanyāś ca //

If a man has no male issue, his own brothers, or persons who have been living with him, (saha jívino vá), shall take possession of his movable property (dravyam); and his daughters, (born of marriages other than the first four), shall have his immovable property (riktham). If one has sons, they shall have the property; if one has (only) daughters born of such marriage as is contracted in accordance with the customs of any of the first four kinds of marriage, they shall have the property; if there are neither sons nor such daughters, the dead man's father, if living, shall have it; if he, too, is not alive, the dead man's brothers and the sons of his brothers shall have it; if there are many fatherless brothers, all of them shall divide it; and each of the many sons of such brothers shall have one share due to his father (piturekamamsam); if the brothers (sodarya) are the sons of many fathers, they shall divide it calculating from their fathers.

3.5.10

rikthaṃ putravataḥ putrā duhitaro vā dharmiṣṭheṣu vivāheṣu jātāḥ //

3.5.11

tadabhāve pitā dharamāṇaḥ //

3.5.12

pitrabhāve bhrātaro bhrātṛputrāś ca //

3.5.13

apitṛkā bahavo 'pi ca bhrātaro bhrātṛputrāś ca pitur ekam aṃśaṃ hareyuḥ //

3.5.14

sodaryāṇām anekapitṛkāṇāṃ pitṛto dāyavibhāgaḥ //03.5.15/ pitṛbhrātṛputrāṇāṃ pūrve vidyamāne nāparam avalambante, jyeṣṭhe ca kaniṣṭham arthagrāhiṇam //

Among a dead man's father, brother, and brother's sons, the succeeding ones shall depend on the preceding ones if living (for their shares); likewise the youngest or the eldest claiming his own share.

3.5.16

jīvadvibhāge pitā naikaṃ viśeṣayet //

A father, distributing his property while he is alive, shall make no distinction in dividing it among his sons. Nor shall a father deprive without sufficient reason any of the sons of his share. Father being dead, the elder sons shall show favour to the younger ones, if the latter are not of bad character.

3.5.17

na caikam akāraṇān nirvibhajeta //

3.5.18

pitur asaty arthe jyeṣṭhāḥ kaniṣṭhān anugṛhṇīyuḥ, anyatra mithyāvṛttebhyaḥ //

3.5.19

prāptavyavahārāṇāṃ vibhāgaḥ //

Division of inheritance shall be made when all the inheritors have attained their majority. If it is made before, the minors shall have their shares, free of all debts.

3.5.20

aprāptavyavahārāṇāṃ deyaviśuddhaṃ mātṛbandhuṣu grāmavṛddheṣu vā sthāpayeyuḥ āvyavahāraprāpaṇāt, proṣitasya vā //

These shares of the minors shall be placed in the safe custody of the relatives of their mothers, or of aged gentlemen of the village, till they attain their majority. The same rule shall hold good in the case of those who have gone abroad. Unmarried brothers shall also be paid as much marriage cost as is equal to that incurred in the marriages of married brothers (sannivishtasamamasannivishtebhyonaivesanikam dadyuh). Daughters, too, (unmarried) shall be paid adequate dowry (prádánikam), payable to them on the occasion of their marriages.

3.5.21

samniviṣṭasamam asamniviṣṭebhyo naiveśanikaṃ dadyuḥ, kanyābhyaś ca prādānikam //

3.5.22

ṛṇarikthayoḥ samo vibhāgaḥ //

Both assets and liabilities shall be equally divided.

3.5.23

"udapātrāṇy api niṣkiṃcanā vibhajeran" ity ācāryāḥ //

My teacher says that poor people (nishkinchanáh) shall equally distribute among themselves even the mud-vessels (udapátram).

3.5.24

chalam etad iti kauṭilyaḥ //

In the opinion of Kautilya, it is unnecessary to say so (chhalam); for as a rule, division is to be made of all that is in existence, but of nothing that is not in existence. Having declared before witnesses the amount of property common to all (sámánya) as well as the property constituting additional shares (amsa) of the brothers (in priority of their birth), division of inheritance shall be carried on. Whatever is badly and unequally divided or is involved in deception, concealment or secret acquisition, shall be redivided.

3.5.25

sato 'rthasya vibhāgo nāsataḥ //

3.5.26

etāvān arthaḥ sāmānyas tasyaitāvān pratyaṃśa ity anubhāṣya bruvan sākṣiṣu vibhāgaṃ kārayet //

3.5.27

durvibhaktam anyonyāpahṛtam antarhitam avijñātotpannaṃ vā punar vibhajeran //

3.5.28

adāyādakaṃ rājā haret strīvṛttipretakāryavarjam, anyatra śrotriyadravyāt //

Property for which no claimant is found (ádáyádakam) shall go to the king, except the property of a woman, of a dead man for whom no funeral rites have been performed, or of a niggardly man with the exception of that of a Bráhman learned in the Vedas. That (the property of the learned) shall be made over to those who are well-versed in the three Vedas.

3.5.29

tat traivedyebhyaḥ prayacchet //

3.5.30

patitaḥ patitāj jātaḥ klībaś cānaṃśāḥ, jaḍonmattāndhakuṣṭhinaś ca //

Persons fallen from caste, persons born of outcaste men, and eunuchs shall have no share; likewise idiots, lunatics, the blind and lepers. If the idiots, etc., have wives with property, their issues who are not equally idiots, etc., shall share inheritance. All these persons excepting those that are fallen from caste (patitavarjah) shall be entitled to only food and clothing.

3.5.31

sati bhāryārthe teṣām apatyam atadvidhaṃ bhāgaṃ haret //

3.5.32

grāsācchādanam itare patitavarjāḥ //

3.5.33

teṣāṃ ca kṛtadārāṇāṃ lupte prajanane sati /
sṛjeyur bāndhavāḥ putrāṃs teṣām aṃśān prakalpayet //E

If these persons have been married (before they became fallen, etc.) and if their line is likely to become extinct, their relatives may beget sons for them and give proportional shares of inheritance to those sons.