Hindu Law and Custom (Recht und Sitte) c7.806

c7.806

The wives and daughters were without doubt originally entitled only to maintenance and it is disputed even if they can retain their ornaments and the presents received from their relations when partition takes place (Āp. 2,14,9, cf. M. 9,200 ; Vi. 17,22). According to Vi. 15,31 the brothers have to provide for the marriage of their sisters in a manner befitting their position and according Vi. 18, 34 f. they must also give them an adequate share of the property and to the mother they shall give a son's portion. The latter rule is given also by Y. 2, 123 and in 2, 115 he affirms that even when the father undertakes the partition each of his wives should have a share equal to that of a son excepting when they have previously received presents by way of Strīdhana ; according to 2, 124 a daughter should receive 1/4 of a son's portion to meet the expenses of her marriage. Nār. 13, 12 f., 26 f. speaks of a partition only among the brothers : they should give the full share of a son to the mother and a smaller share to the unmarried sister, they should provide for the wife and the daughter of a brother who has no son—the latter however only till her marriage. M. 9, 118, Bṛh. 25, 64 and Kāty. 24, 3¹ again speak of the fourth-part share of the daughter, but those commentators are probably right who take this term solely to mean a sum sufficient to cover the expenses of the marriage and the wife's share too, which is equal to that of a son, is explained to be nothing more than a life annuity in conformity with the rules about the dependence of the sex, cf. § 24.