________________
192
NÂRADA.
XIII, 13.
when distributing his property. The mother shall receive the same share as a son (when the sons divide the property) after her husband's death.
*13. To the eldest son a larger share shall be allotted, and a less share is assigned to the youngest son. The rest shall take equal shares, and so shall an unmarried sister.
*14. The same rule applies to sons of a wife (Kshetragas) lawfully begotten on her. For sons of lower caste, a decrease in the shares according to the order (of their caste) is ordained, in case they are born of women legally married.
*15. When a father has distributed his property amongst his sons, that is a lawful distribution for them (and cannot be annulled), whether the share of one be less, or greater than, or equal to the shares of the rest; for the father is the lord of all.
his property himself, is referred to the father's self-acquired property in the Mitâksharâ school, and to ancestral property in the Bengal school. This difference of interpretation is connected with the varying views taken in the several schools of law of the extent of the patria potestas in questions of proprietary right and inheritance. See Dayabhaga II, 35, Colebrooke ; Mitakshara I, 5, 7, Colebrooke. Yågñavalkya II, 123; Vishnu XVIII, 34.
13. The share of an unmarried daughter, according to the translation here given, would have to be equal to the shares of the middlemost brothers. According to Gagannatha, all that is meant by Nárada is this, that the daughter shall receive some portion of the property, the precise amount of it being left undecided. See Colebrooke's Digest, V, 1, 71.-Manu IX, 113-118; Vishnu XVII, 37; XVIII, 35; Baudhayana II, 3, 9; Gautama XXVIII, 5-13; Vasishtha XVII, 42 foll.; Âpastamba II, 6, 14, 6-10; Yâgñavalkya II, 114, 124.
14. For the rules regarding the procreation of a Kshetraga son, see XII, 80–88. Gautama XXVIII, 35-39; Vasishtha XVII, 47–50; Vishnu XVIII, 1-31; Baudhayana II, 3, 10; Yagñavalkya II, 125; Manu IX, 149-156.
15. The writers of the Bengal school give this text its plain
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