History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t1.8

v4.c63.t1.8

14. 7 clearly¹¹⁸³ states that in some countries gold or black corn or black produce of the earth is the (special) share of the eldest. Almost all the sūtras and smṛtis prescribe the rule of equal division among the sons of wives of the same class as the father (vide Āp. Dh. S. II. 6. 14. 1, Baud. Dh. S. II. 2. 2-3, Manu IX 156, Yāj. II. 117, Viṣṇu Dh. S. 18. 36, Kauṭ. III. 5, Bṛ. S. B. E. 33 p. 371 v. 10, Kāt. 838). Some of these no doubt refer to the special share or provision given to the eldest (called *uddhāra*). Kauṭ. says "the father in a partition during his own life should not give a special share to one out of several sons, nor should he deprive a son of a share without any cause¹¹⁸⁴ (such as blindness etc.)." Kāt. 843 says the same thing in almost the same words. But from certain passages when construed literally (such as Yāj. II. 116, Nār. dāyabhāga 15) it appears that the early Indian father often distributed the ancestral wealth among his sons just as he pleased. Nār. (dāyabhāga 15)¹¹⁸⁵ says: "When a father has distributed his property amongst his sons that is a lawful distribution for them (and cannot be set aside), whether the share of one be less or greater than or equal to the shares of the rest; for the father is the lord of all". To the same effect is Bṛ. (S. B. E. vol. 33 p. 370 v. 4) who adds that if they try to alter the arrangement (made by the father) they shall be punished. But later on these passages were either held to apply to former ages (V. Mayūkha p. 99 says so) or to the self-acquired property of the father (Mit. on Yāj. II. 114) or were so interpreted as to mean that the partition made by the father could not be annulled if it was legal, but if illegal it could be set aside (Mit. on Yāj. II. 116, Madanaratna, Madanapārijāta p. 646). Nār. (dāyabhāga 16) himself denies authority to the father to give shares to the sons as he pleases when he is suffering from diseases, is angry (with a son or sons), or is engrossed in pleasures or pursues paths opposed to śāstras.