Inheritance of Property: 300 BCE - 300 CE
The rise of a complex agrarian-based socio-economic system led to the emergence of personal property. Naturally, the question of inheritance of property arose. In contemporary religious texts, there are rules regarding the inheritance of property. The Manusmriti of the Gupta period, the Yajnavalkya Smriti, the Naradasmriti, the Brihaspati Smriti, and the Katyayana Smriti are particularly significant in this regard.
The earliest mention of specific rules regarding the inheritance and division of property is found in the Manusmriti. According to Manu, during his lifetime, a father could divide his property as he wished. After his death, his property was divided among his sons. Manu speaks of the priority of the eldest son. According to him, if other sons remain under the care of the eldest son, he is responsible for managing the father's property. If the eldest son refuses, the eldest will receive the lion's share of the property, and the remaining portion will be divided equally among all the brothers. Unmarried daughters would receive one-fourth of the share allotted to their brothers. The commentator Medhatithi explains this by stating that the brothers receive three-fourths and the sister one-fourth, and if there are multiple unmarried sisters, they will share one-fourth of the father's property, which is one-fourth of the portion received by the brothers.
Yajnavalkya made some changes to Manu's rules. He stated that both the father and the son have a share in the ancestral property. His theory, known as the birthright theory, holds that a person, by virtue of birth, automatically has a right to the ancestral property. Later, Mitakshara accepted Yajnavalkya's birthright theory. In the Brihaspati Smriti, it is stated that the sons cannot claim their father's earned property without his consent. Yajnavalkya’s method of dividing property is simpler than Manu's. He says that property can be divided either during the father's lifetime or after his death. If the father divides the property while he is alive, the eldest son should receive the best portion, although the father may choose to divide it equally among all sons. After the father's death, the sons are expected to share the father’s responsibilities equally. The mother will receive one share of the property, and the daughters will receive one-fourth of the share allotted to the brothers. If a man dies without sons and his daughter is recognized as a putrika (adopted son), she will inherit her father’s property. Otherwise, the property will be inherited by the father’s parents, brothers, nephews, clan, and even friends and disciples.
The Nārada Smriti follows Manu's rules but also expresses some differences. For instance, if the father distributes his property during his lifetime, he may reserve two parts for himself and divide the rest equally or unequally among his heirs. Nārada also states that a legitimate child who is hostile toward his father or has been excommunicated will not inherit. Nārada rejects Manu's concept of eldest son preference and says that any capable son, even the youngest, can become the head of the family. In the absence of sons, daughters will inherit the property. Normally, brothers would give one-fourth of their share to their sisters, but if there is more than one brother and only one sister, one-fourth of one brother’s share should go to her.
There are different views on the inheritance rights of a childless widow. Manu showed some indifference in this matter. Shankha said that the property of a childless person would be inherited by his brothers after his death. If the brothers are not alive, then the widow would inherit the property. On the other hand, following Yajnavalkya, Brihaspati and Katyayana explicitly designated the widow of a childless man as the legal heir to her deceased husband’s property. The subsequent line of inheritance would be the daughter, the deceased person's father, mother, brothers, and nephews.
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