Hindu Law and Custom (Recht und Sitte) c7.760

c7.760

If the paterfamilias died without previously accomplishing the partition, his place was taken by his eldest son who was either simply regarded as the heir or was at least considered to be the director of the household and had to look after his brothers and relations as a father (Gaut. 28, 3; Āp. 2, 14, 6; M. 9, 105—110; Nār. 13, 5; Mah. 13, 105, 17 etc.). According to another and perhaps later view the eldest son merits this distinction only if he is fit for it and also a younger or even the youngest brother may be the chief of the whole family if he is capable because, the fortune of a family depends on capacity (Baudh. 2, 3, 13; Nār. 13, 5). Of course, disputes might easily arise among the brothers over the inheritance and they may go to the length of a partition (§23); yet even after complete partition a re-union of the coparceners may take place who are then called Saṃsṛṣṭins. The inter-relation between the Saṃsṛṣṭins is the same as that between unpartitioned coparceners (Bṛh. 25, 72—77) only there is no right of primogeniture among them. The rule of Bṛh. that such re-union is allowed with the father, brother, or the father's brother, may be interpreted, with a section of the commentators, to mean that these near relatives have been mentioned only as typical examples and that a re-union may include all the members who originally belonged to the family in its entirety, perhaps even such coparceners who did not originally belong to it, cf. § 25.