History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.1219

v4.c63.1219

If a person had several wives and several sons from each wife, some of the texts prescribed from very ancient times that the sons should divide according to the wives or mothers (i. e. *patnībhāga*, or which is practically the same thing, *mātṛbhāga* was recommended), though the generally recognized rule formerly as well as now is to divide according to the number of sons i. e. *putrabhāga* (ignoring the fact of their being born from¹¹⁴⁶ different mothers). For example, Gaut. 28. 15 recommends that partition should be made by grouping the sons according to their mothers and then allowing a special share to the eldest among each group of sons. Both Bṛ. (S. B. E. 33 p. 372 verse 15) and Vyāsa¹¹⁴⁷ lay down that if there be many sons sprung from the same father, who are equal in caste and number but who are the sons of different mothers, a division according to mothers may be legally made. Such a partition on the basis of mothers is recognized in rare cases even now on¹¹⁴⁸ the ground of custom in certain places and among certain castes.