दायभागकथनम्The law of inheritance
Verse 45
पितामहे पितृव्ये च तथा भ्रातरि जीवति । अधोभवानां मुख्यत्वात् भ्रातैव धनभाग् भवेत् ॥ ४५ ॥
pitāmahē pitṛvyē ca tathā bhrātari jīvati | adhōbhavānāṁ mukhyatvāt bhrātaiva dhanabhāg bhavēt || 45 ||
Translation
When the grandfather, the father's brother and a brother are alive, the brother alone takes the wealth, because those born below come first.
Word by word
- pitāmahē
- the grandfather
- pitṛvyē
- the father's brother
- ca
- and
- tathā
- also
- bhrātari
- a brother
- jīvati
- being alive
- adhaḥ
- below
- bhavānāṁ
- of those born
- mukhyatvāt
- (mukhyatvāt) because they come first
- bhrātā
- the brother
- ēva
- alone
- dhana
- of the wealth
- bhāg
- a sharer
- bhavēt
- is
Meaning
The brother descends from the father, and the descending line ranks first; so he is preferred to the grandfather and uncle.
Commentary
Hariharānanda Bhāratī’s Sanskrit commentary, translated
But of a departed man without anyone from son to mother, among the grandfather, the father's brother and the brother who are living, which shares his wealth? To that he says "pitāmahe" and the rest, in two verses. When the grandfather, the father's brother and the brother are living, because those born below rank first, are principal, the brother alone shares the wealth. The wealth that came from the father, through the dead son, the brother alone takes: that is the sense.