History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v5.c72.255.2

v5.c72.255.2

if the eldest be not present or is *patita*, then the son next to the eldest is the adhikārin (and not the youngest). If the sons are divided from each other, then all the rites up to sapiṇḍīkaraṇa are to be performed by the eldest alone who may make the other sons contribute to the expenses, but the yearly śrāddha may be performed by each son separately. If the sons (of the deceased) are not divided, then all rites including the yearly śrāddha also are to be performed by the eldest alone. When the eldest son not being present, the younger one or the youngest performs the cremation, he should perform all rites up to and including the sixteen śrāddhas, but not sapiṇḍīkaraṇa and he should wait for one year for the arrival of the eldest. If the eldest comes to know of the death within one year, he alone should perform the sapiṇḍīkaraṇa. If the eldest son does not come even at the end of one year, then even the youngest may perform sapiṇḍīkaraṇa. If before the expiry of one year the youngest son or some one other than a son performs the monthly, anumāsika, sapiṇḍīkaraṇa śrāddhas, then the eldest son or a son should again perform these. If there is a grandson who has his upanayana performed and there be a son whose upanayana is not performed it is the latter who is a preferable adhikārin, provided he is either three years old or has the cūḍā ceremony performed as stated by Sumantu⁵⁸⁶. Manu II.