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History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.89

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.89

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v4.c63.t2.89

On the succession to the property of a man dying without male issue (i. e. without son, grandson or great-grandson) the basic texts are two verses of Yājñavalkya¹³⁴¹ (II. 135-136): 'The lawfully wedded wife, the daughters and (the daughter's son), the parents, the brothers, their sons, *gotrajas* (agnatic kinsmen), *bandhu* (cognatic relation), a pupil, a fellow student—on failure of each preceding one out of these each succeeding one is entitled to take the wealth of a man who is dead (lit. who has gone to heaven) and who leaves no male issue. This rule applies to all varṇas'. The Viṣṇu Dh. S. (17. 4-15) is almost to the same effect. The word 'aputrasya' in Yāj. is taken to mean one having no son, grandson or great-grandson (at the time of death) by V. C., Raghunandana and Mitramiśra¹³⁴². The Mit. explains the words 'to all varṇas' as applying even to all that are the offspring of *anuloma* or *pratiloma* unions.

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