History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s63.23

v1.c6.s63.23

Some of the peculiar doctrines of the Dāyabhāga which are of fundamental importance and which sharply distinguish it from the Mit. are : sons have no interest in ancestral property by birth, sons can claim partition only after extinction of theit father's ownership (i. e. after his death or on his becoming *patita* or a *saṁnyāsin*) or partition can take place between father and sons if the father so desires, a widow succeeds to her husband's interest on his death even if he be joint with his brother, the right to take a deceased person's estate is regulated by the spiritual benefit conferred by the person claiming as heir (by means of the offering of *piṇḍas*) and not by the principle of consanguinity (as in the Mit.).⁷⁴⁷