History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.1223

v4.c63.1223

A paternal grandmother or step-grandmother cannot herself demand a partition, but when a partition takes place between her son's sons, her own son being dead or when it takes place between her son and the sons of a deceased son she is entitled to a share. A text of Vyāsa says¹¹⁴⁹ "the childless wives of the father are declared to be entitled to a share equal (to that of a son) and all grandmothers are declared equal to the mother". The Allahabad and Bombay High Courts hold that the grandmother is not entitled to a share when a partition takes place between her son and his sons, while the High Courts of Calcutta and Patna hold that she is entitled to a share even in this last case ¹¹⁵⁰.