History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.93.1

v4.c63.t2.93.1

Among the heirs (apart from male issue) of a man as regards his separate property the first is the widow. The wife's right to succeed to her deceased husband's estate, when he died separated and un-reunited, was acknowledged only after a long struggle extending over centuries. The passage of the Tai. S. VI. 5. 8. 2 speaking of women as 'adāyādīḥ' has already been quoted (on p. 606). The meaning of that word is somewhat dubious, as will be shown later on. The Āp. Dh. S. II. 6. 14. 2 states generally¹³⁴³ that in default of a son the nearest sapiṇḍa succeeds but does not expressly mention the wife as an heir, though it mentions (in II. 6. 14. 4) the daughter as a possible heir. Baud. also omits the wife as an heir. Vas. mentions no woman as heir. Gaut. 28. 19 appears to state that the wealth of one who dies without issue should be taken by his sapiṇḍas, sagotras and sapravaras or his wife (i. e. according to Haradatta, the wife takes a share only along with the nearest sapiṇḍa or sagotra and not exclusively). Haradatta himself was of this view. Manu does not declare that the wife is the heir of a sonless man and there are certain passages which impliedly exclude her, as e. g. Manu IX. 185 (the father takes the wealth of a man dying sonless or his brothers take it), IX. 217 (the mother should take the wealth of a sonless man). Śaṅkha (q. by the Mit., Dāyabhāga XI. 1.