History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.821

v4.c63.t2.821

1. Giving a larger share of ancestral property or the whole of it to the eldest son (this is called *jyeṣṭhāṁśa* or *uddhāra* or *uddhāravibhāga*). Vide pp. 624-631 above for this.¹⁸⁰⁶ 2\. Appointing the husband's brother (or a sagotra &c.) to raise issue on the wife of a sonless man. This is called *niyoga* and has been dealt with at length in H. of Dh. vol. II. pp. 599–607. It may be added here that in the K. V. N. there is a long discussion on the question whether an elder brother of the deceased could have been appointed to raise issue on his younger brother's widow and gives it as the opinion of some that he could not be so appointed, but that only a younger brother could be appointed to raise issue on his elder brother's widow. They rely on the Mit. on Yāj. I. 68 where 'devara' is paraphrased as 'kanīyān bhrātā'. The K. V. N. (folio 5 b and 6 a) relying on Manu IX. 62 and the words of the Mit. on Yāj. II. 127 (where Manu IX. 69–70 are cited and explained as 'devaras-tasya jyeṣṭhaḥ kaniṣṭho vā) holds that any brother whether elder or younger than the husband could be appointed.