Hindu Law and Custom (Recht und Sitte) c7.767

c7.767

The eldest son is the natural heir. According to this maxim of the privilege of age the eldest son can, as already referred to, be the chief of the whole family in the case of the death of the father or his permanent disability. As the eldest son or brother holds a high place in the rules about salutation¹ and can marry before his younger brothers (§ 18),² cannot be given away in adoption (§ 21), receives an extra share at the time of partition (§ 23) and can alone offer the Śrāddha and other sacrifices of the family³ etc., he is considered to be the natural family-head after the death of the father. According to M. 9, 213 and Mah. 13, 105, 7 he forfeits his right of primogeniture if he cheats his younger brothers and according to M. 9, 214= Mah. l.c. 10 the eldest brother can appropriate to himself nothing of the common family property without compen-