History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t1.96.2

v4.c63.t1.96.2

They are so called because they take the wealth of their father and also of his kinsmen (in the absence of nearer heirs), while the members of the 2nd group (which acc. to Manu IX. 160 comprises kānīna, sahodha, krīta, paunarbhava, svayaṁdatta and śaudra) are only bāndhavas (i. e. belong to the gotra of their father), but cannot succeed to the wealth of their father's kinsmen. Here also there is no agreement among the smṛtis. Vas. (17. 5-25), Śaṅkha-Likhita (q. in V. R. p. 247), Nār. dāyabhāga 47 and Hārīta include in the first group aurasa, kṣetraja, putrikāputra, paunarbhava, kānīna and gūḍhaja and the rest in the 2nd group. Kauṭ. asserts that only the aurasa son succeeds as heir to the kinsmen of his father while the others (that are not procreated by him) succeed only to the father who brings them up, but not to his kinsmen. Yāj. II. 132 states that each of the twelve kinds mentioned by him takes the wealth of the father and offers *piṇḍa* to him in default of the preceding one and further requires that this is so only if it is certain that the sons are of the same caste as that of the father. Gaut. 28. 32 states that¹²³⁴ the kānīna and the other sons called *gotrabhājaḥ* (in 28. 31) take only one fourth of the estate of the father if no aurasa nor any of the other sons called *rikthabhājaḥ* exists (and the rest of the estate is taken by the sapiṇḍas), while Kauṭ., Devala and Kāt.