History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.408

v4.c63.t2.408

It is not possible nor necessary to deal exhaustively with the devolution of strīdhana according to the various schools of Hindu Law. But a few indications from the important text books having authority in the different provinces will be offered. According to the Sm. C. (which is the leading authority in Madras after the Mit.) strīdhana includes only those kinds of property that are so described in the smṛtis (i. e. only technical strīdhana) and the lines of devolution are as follows: (1) śulka devolves in the same way as laid down by the Mit. cited above (Sm. C. II. p. 287); (2) Yautaka devolves on unmarried daughters first (Sm. C. II. p. 285); (3) Anvādheyaka and Bhartṛdatta pass to sons and married daughters whose husbands are living, all inheriting together in equal shares (Sm. C. II. p. 284); (4) other kinds of technical strīdhana such as adhyagni &c. pass first to the maiden daughters and married daughters who are *apratiṣṭhitā*,¹⁵⁴³ then to married daughters that are provided for; then to daughter's daughters, then to daughter's sons, then to sons, then to son's sons &c., then to the husband or father (according to the form of marriage). The Madras High Court follows the Mit. (in preference to the Sm. C.) as to the devolution of Anvādheyaka and Bhartṛdatta and holds that certain kinds of non-technical strīdhana (such as gifts by strangers during coverture) devolve acc. to the rules of the Mit. Vide *Salemma v. Lutchmana* 21 Mad. 100.