History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.397

v4.c63.t2.397

Whatever immovable property was given by the parents to their daughter always goes to her brother if she dies without issue. Whatever wealth was obtained by a woman from her parents in the forms of marriage beginning with āsura is declared as going to her parents on failure of her progeny.'¹⁵³⁷ The first two verses are apparently in conflict and must be read with Gaut. 28. 22. So probably the following propositions were laid down by Kāt. viz. (1) unmarried daughters are preferred; (2) married daughters whose husbands are living share along with their brothers, if there be no unmarried daughter; (3) widowed daughters take only if there are no daughters whose husbands are living or if there are no sons; (4) wealth given by paternal and maternal kinsmen goes to them and on failure of these, to the husband; (5) immovable property given by parents goes to the brother of the woman on failure of issue; (6) wealth given in the āsura, rākṣasa and paiśāca forms goes to parents on failure of issue. Yama has a verse very similar to Kātyāyana's about a woman married in the āsura and the following forms. The commentaries and digests make valiant efforts to reconcile the conflicts among the smṛti texts quoted above. It is not quite necessary to go into that question here in detail for fear of encumbering this work too much.