Sambodhi 2005 Vol 28

Author(s): Jitendra B Shah, K M Patel
Publisher: L D Indology Ahmedabad

Page 10

L. V. JOSHI
SAMBODHI
brothers 24. And some portion of the paternal wealth shall be earmarked at the time of partition for bestowing marriage-gifts to the younger sisters.
It is very interesting to note here the method of partition Kautilya has suggested. The division of inheritance shall be made in the presence of witnesses. Moreover, a village-elder or a kinsman whoever conducts the procedure of partition, shall declare with a specific mention that—"this thing e.g. a well or a road is common to all the heirs; this much share goes to this brother," etc25.
The KA allows the repartition of what is wrongly divided or what is robbed of the other brothers or what is concealed or what being unknown to others is produced. When this comes to the knowledge, the property shall be redivided and readjusted26
Now, if the sons are minor at the time of partition, then the property of the father, after getting it cleared of the debt, has to be deposited with the mother's kinsman or with some elder in the village, till the sons obtain majority. The same is applicable to the case of a brother who is away on journey, while the partition is being made27
Kautilya is an independent thinker who rejects the idea held by the former great scholars, if it is not reasonable. Some former Ācāryas have stated—When the poor make a partition, they shall divide even their water-jugs. But against this, the KA boldly asserts that it is a play with word, since the property is to be divided; and not the poverty28.
Now, we come to an interesting topic in the discussion of law of inheritance. If the deceased has no son, then a question would arise—who shall be the heir? The KA lays down a rule that the daughters, born of pious marriages (i. e. Ja, 1961, 3474, da) shall inherit the property29. As Prof. R. P. Kangle points out, the word as in the passage (KA 3.5.10) cannot be taken in the sense of a ! (so that this could support the Hindu Code).
And when there is no daughter, then the father of the deceased, if alive, shall receive the property. In his absence, the brothers of the deceased; and their sons shall receive the inheritance30.
Here it is very interesting to note that the Manusmrti does not admit the daughter as heir to the paternal property31. Sons are heirs. The brothers who receive32 the inheritance should give one fourth of their shares to their sisters. This is a morat binding; and not legal one (- faal: peiria: ; MS 9. 118). The