History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v3.c46.82

v3.c46.82

According to both ancient and modern Hindu Law, when a man became a sannyāsin, he became cut off from his family and lost all his rights to property, partition and inheritance in that family. Vas. Dh. S. 17. 52 lays down that those who resort to another āśrama (i. e. vānaprastha or sannyāsa) are excluded from their share (in the family property).²¹⁷⁷ This result, however, does not follow by merely wearing the garments of a sannyāsin, but in order that this result may follow a person must have performed the necessary ceremonies for entering the order of sannyāsins. On the other hand whatever belongs to a sannyāsin such as his clothes, his sandals, his books would not devolve on his blood relations as heirs but will go to his spiritual heir (viz. his pupil). Vide Yāj. II. 137 and the Mit. thereon. These rules, however, do not apply to a śūdra turning an ascetic. He does not become severed from his family by entering the order of asceticism, unless a usage to that effect is established. Vide *Somasundaram v. Vaithilinga*, 40 Mad. 846 (at p. 869), *Harishchandra v. Atir Muhmud*, 40 Cal. 545.