Hindu Law and Custom (Recht und Sitte) c7.816

c7.816

The sons have the first claim on the legacy (riktha) of the father, primarily the sons born within the wedlock and then the secondary sons according to those authors who permit Niyoga, adoption and other forms of substitution. About the partition among the brothers and the share of a son born within the wedlock after the partition has taken place, see §§ 23 and 21. Among the Śūdras the father can give the full share of a son even to an illegitimate son, but after the death of the father the brothers have to give him only half a share; if he is the only son and if there is no grandson of the testator by a daughter, then he receives the whole property (M. 9, 179; Y. 2, 133 f.). An explanation of this rule will be found in the despised position of the Śūdras for which reason only the lowest form of marriage was prescribed for them and their marriage was considered to be no higher than illicit connections (Baudh. 1, 20, 14—16 etc.).