30. Primogeniture in Ancient India. 
By Nirmat CHANDRA CHATTRRIEE, M.A. 
The history of the law of primogeniture in ancient India 
is very interesting and shows the different stages of the steady 
decline of the primeval custom of the patria potestas in early 
scams 
the Vedic literature we find that Pika geetor te was 
generally the law of succession (e.g. Aitareya-Brahman 
iv, 25 & vii, 17-18). With the gradual sansa a of the 
sons or the brothers from the authority of the family patriarch 
Say oye steadily gave way to equal distribution.'! Gau- 
tama, the author of the earliest Dharma-Sitra, is in favour of 
primogeniture : Urdhvam pituh putra riktharn bhajeran| Niv- 

ritte rajasi matur=jivati v=echchhati » Sarvam va purva 
jasy = etaran bibhriyat = paves Vabhage tu dharma-vridahih 
Vimsati-bhago jy ynam = ubhayato —dad= 
ratho go-vrishah | Thus Gipiatind is in favour of the whole als 
going to the eldest son, and even in partition he allows him 
an additional share of a twentieth part of the estate (28, 1-5; 
S.B.E., II, page 299). Baudhayana, who appears after Gautama, 
enjoins three different methods of distribution of the parental 
estate : (1) gift of an equal share by the father to each eye 
the authority of a Vedic passage (Taittiriya- Samhita, iii, 1, 9, 4) 
which clearly points to equal division ; (2) allowing ra eldest 
son “the most excellent chattel” on the authority of another 
Sruti text (Taitt. Sam. ii, 5,2, 7); and (3) a preferential share of 
1/10th of the property to the eldest son. Baudhayana sounds a 
distinctly liberal note and does not strenuously advocate primo- 
(II, 2, 3, 4-9; 8.B.E. 
the equality of shares *(II, 6, 13, 13 & II, 6, 14, 1; 5.2. 11. 
p. 132). Later on he ably controv WS dvc 
cates of primogeniture and points out that it is reer cameate 
to the clear precepts of the Veda. He quotes and interprets 



he Taittiriya 
s for the method of division, it is clear from the 1 
Sarnhita. tii. 3, 2 that the eldest son was usually pref ferred. ’’ (Vedic 
—, Vol. sd p. 352. .) 
2 Vide Biihler’s Introduction, 8.B.E., Vol. II, page xx. 
