History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.139

v4.c63.t2.139

A daughter is entitled to succeed, according to the decided cases, to her father’s estate even if she be unchaste at the time of his death (except in cases governed by the Dāyabhāga).¹³⁷⁵ The reason assigned is that Kāt. and other smṛti writers do not expressly mention the requirement of chastity in the case of the daughter or mother as they do as regards the widow. According to the¹³⁷⁶ Dāyabhāga (XI. 2. 8) Bṛ. declares: ‘a daughter equal in caste to the father and married to a husband of the same caste as her own, who is virtuous and intent on serving her husband, inherits her father’s property’. Therefore a daughter who is unchaste cannot inherit. Further a daughter succeeds not because she is the daughter, but because she satisfies all conditions laid down by Bṛ. The Dāyabhāga (XI. 2. 31) further says that the word ‘wife’ (in XI. 1. 56) is merely illustrative and whatever restrictions are imposed on the wife apply to all women as heirs. The illegitimate daughter, even of a śūdra, has no right of inheritance to her father.¹³⁷⁷