n has taken place, may be discovered to
have been wrongly appropriated by one of the sharers,[188] shall be
equally divided among them all: this is enjoined.
127. A son begotten by one who is without male issue, in obedience to
precept,[189] upon another man's wife, becomes by law heir to both,
and presents the death-oblations of both.[190]
128. (I) "An _aurasa_[191] son," is one born of a _dharma_[192] wife;
equal with him is
(II) "A daughter's son."[193]
(III) "A wife's son," is a son begotten by
a relative[194] [of the husband] or by another [duly authorised].
129 (iv) "A son of hidden birth," is one brought forth in private, in
the [husband's] dwelling.[195]
(v) "A girl's son," is one born of an unmarried girl;[196] he is
considered the son of the maternal grandfather.
130 (vi) "A son of the twice-married," is one born of a woman [by a
second marriage], whether she be [at the time of that marriage] a maid
or not.[197]
(vii) "A son by gift," is one who is made a gift of, either by his
father or his mother.[198]
131 (viii) "A son by purchase," is one sold by his parents.[199]
(ix) "A son made," is a son [born of parents deceased,] selected by
any one for himself.
(x) "A self-given son," is one who has given himself [as a son to
another.][200]
(xi) "A son with the bride," is one of whom the mother is already
pregnant [by another than her husband] when she marries.[201]
132 (xii) "A deserted son," is one adopted upon being forsaken [by his
own parents.[202]]
The first in order that there may be, of the sons above described,
shall present the oblation cake[203] and take the inheritance.[204]
133. Such is the rule enjoined by me for sons where there is equality
of cast. Even the son begotten by a Sudra, on a slave-woman, shall
have such share as [the father] may allot.[205]
134. [But if there be no partition till] after the father's death,
then the brothers [born in marriage] are to assign him half a share:
if there be no brothers nor daughters' sons, he then takes the whole.
135, 136. If a man depart this life without male issue; (i) his wife, (ii)
his daughters, (iii) his parents,[206] (iv) his brothers,[207] (v) the
sons of brothers,[208] (vi) others of the same _gotra_,[209] (vii) kindred
more remote,[210] (viii) a pupil, (ix) a fellow-student[211]--these succeed
to the inheritance; each class upon failure of the one preceding. This
rule applies to all the casts.
137. The he
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