Hindu Law and Custom (Recht und Sitte) c7.820

c7.820

The assignment of shares to the female members of the family—particularly to the widow of the testator—was a disputed question in the inheritance of a man who has died without male issue. According to Baudh. 2, 3 ,46 (and even according to Nirukta 3, 4) the women are incapable of inheriting and this is proved by a Vedic passage (TS 6, 5, 8, 2) which however refers only to the Soma sacrifice. Also Āp. 2,14, 2-4 does not at all mention the widow:and mentions the daughter only subsidiarily after the Sapiṇḍas. Gaut. 28, 21 adds to the above-mentioned heirs also the widow wherewith according to Haradatta is only meant that the heirs should look after the women or should eventually make over to them a portion of the fields sufficient for their maintenance². According to Gaut. 28, 22 there is another possibility of women's inheritance if the widow raises a son by Niyoga (§ 20). Vas. 17, 55-66 has only this alternative in mind. Also Hār. 4, 9 allows only the maintenance to the widow. Śaṅkhalikhita on the other hand refers to the parents or the eldest wife for inheritance directly after the brothers. Vi. 17, 4 ff. and Y. 2, 135 f. even mention the widow and then the daughters—perhaps a relic of the privilege of the daughter, see § 21—as the nearest successors when male descendants are lacking.