History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.419

v4.c63.t2.419

In the Dāyabhāga school the devolution of various kinds of strīdhana according to the Dāyabhāga and D. K. S. is as follows: (I) śulka devolves¹⁵⁴⁹ in the following order: (1) full brother; (2) mother, (3) father, (4) husband; (II) Yautaka devolves¹⁵⁵⁰ in the following order: (1) unmarried and unbetrothed daughters, (2) betrothed daughters, (3) married daughters, who have or are likely to have sons, (4) barren married daughters and childless widowed daughters taking together in equal shares, (5) sons, (6) daughter's sons, (7) sons' sons, (8) son's son's sons, (9) step-son, (10 and 11) stepson's son, stepson's grandson. Then if the marriage was in an approved form, yautaka passed in the absence of any of the above in order to husband, brother, mother and father. If the marriage of the woman was celebrated in an unapproved form then her strīdhana passed in order to mother, father, brother, husband. (III) Anvādheya gifts¹⁵⁵¹ (gifts or bequests) made subsequent to marriage by the father (Dāyabhāga IV. 2. 12-16 pp. 92-93) devolve in the same order as for Yautaka except in a few respects, viz. the son takes before married daughters and in case the woman dies without issue the brother, mother, father and husband succeed in that order. IV. As regards Ayautaka (i. e. all technical strīdhana other than the above three) there is a conflict of authority between the Dāyabhāga (IV. 2. 1-12 pp. 79-81) on the one hand and Raghunandana and Śrīkṛṣṇa on the other. Acc. to the former the order¹⁵⁵² is: son and *kumārī* daughter (or to either on failure of the other); (on failure of both) married daughters that have sons or are likely to have sons; son's sons; daughter's sons; barren and widowed daughters. But Raghunandana and Śrīkṛṣṇa interpolate son's son, son's son's son, stepson, stepson's son, stepson's grandson between daughter's sons and barren and widowed daughters. In the decided cases the latter order has generally been followed.