The Rig Vedic tradition is thus maintained by
Vasishtha, and the other Northern law givers. So we find Vasishtha
giving a third place among heirs to an only daughter, 149
and he declares, on the authority of the Vedas, that such a maiden
belongs to her fatherís family and, becomes the son of her parents.
states in unmistakable terms that the property should not be
appropriated by anybody, when there are a daughter.
The evidence for the existence of such a custom is
further corroborated by the incidents mentioned in the Rajatarangini,
and by its prevalence in Kasmir even in recent times. 151The
Southern law-givers, however reject it ; for the earliest writer of
the South, Baudhayana, discards a Putrika in clear terms : the reasons
for such deviation from authority and tradition are not known.
Though Apastamba authorises a daughter to inherit,152
the note, of deviation introduced by Baudhayana his was handed down to
posterity. It cannot be doubted, however, that in ancient India there
was this custom of installing as only daughter in the position of a
son, at least in some parts and among some schools and most probably
among the followers of the Rig-Vedic School.
From the foregoing survey we can deduce these
following facts :
The earlier Dharma-Sastras allow greater freedom to
women ; the later the lawgiver, the more strict is he in withholding
liberty from women. Gautama, being the earliest lawgiver agrees
more with the customs prevalent in Vedic times. His date has been
assigned to the 7th century B.C. Baudhayana, who comes
next, agrees in many respects with Gautama, but differs from him in
some ; the note of asceticism is evident in Baudhayana.