vAstukaM - related to real estate

Having dealt with the dharma related to marriage in three chapters followed by the partition of inheritance, cANakya deals with the matters related to the real estate in three chapters.

8th chapter - gRha vAstukam - Matters related to the dwelling places or houses.
9th chapter - vAstu vikrayaH - Matters related to selling and buying of real estate
10th chapter - vivIta kshEtra patha himsa - damage to fields and roads and not following the conventions.

Essentially, all the disputes related to the fixed assets like houses, agriculture fields, water tanks constructed by individuals, parks and other real estate should be resolved based on the testimony of neighbours. This is also applicable to the disputes of border between villages etc., administrative units.

Houses should have passages to fresh water and drainage, a waste disposal place with a minimum distance from the neighbouring houses.

Rules related to the construction of the houses without causing any damage to others is stressed in the vAstukam.

While selling the real estate the first preference should be given to the relatives, people from the same community or social order, or the one who have lend the money to the owner. When none of these preferred parties are willing to buy then anyone can buy the property.

If the cost of the property is increased by the competition between multiple buyers, for the excess of the guidance value, additional tax to be paid to the government by the buyer of the property.

Any modifications to the water ways flowing in and out of fields are all approved by the government. No one can alter the water flows without government's knowledge.

All the common places developed by the government, places for entertainment and other public property to be used as per the rules the King establishes. Anyone doing work for the betterment of the society should be encouraged. All in all everyone should be made to follow the rules as per the country, territory, society, community and locality related to the public property use. Anyone not following them attract punishment accordingly.

With this we reach the end of 10th chapter of dharmasthIyam.

dAya vibhAgaH - Partition of Inheritance

Having dealt with the vivAha in first three chapters, cANakya deals with the second most important civil matter - dAya vibhAgaH - Partition of Inheritance in three chapters (chapter 5 - dAya kramaH - Order of Inheritance, chapter 6 - amSa vibhAgaH - division of shares and chapter 7 - putra vibhAgaH - classification of sons )

When to divide and what is the order of division:
Sons, having fathers are not masters of the property. Only after the fathers reach the higher realms, sons should partition the inheritance. It is ideal to partition the property after three generations at the level of great grand sons taking the parts of great grand fathers. Sons get a larger share, grand sons a smaller and great grand sons still smaller parts.

Either undivided property or of combined families, the partition should happen again after every generation. One who has put the effort to increase the property should take twice the others.
The eldest son should take a larger portion as the eldest son has the responsibility of performing the srAddha karmas for the forefathers.

More on parts of shares is discussed in the chapter 6. Another important question is who are the sons? Legitimate sons are from the married wife (of same varNa) when inter varNa marriages happen the sons belong to father some teachers say. Some others hold the father belong to the mother; cANakya says it could be both ways.

Having discussed all the rules of Inheritance cANakya concludes:
देशस्य जात्याः संघस्य धर्मो ग्रामस्य वापि यः ।
उचितस्तस्य तेनैव दाय धर्मं  प्रकल्पयेत् ॥ (Last verse of 7th chapter)

In respective countries, in the respective community, in the respective society, in the respective village, what is the customary practice, based on that alone one should divide the inheritance.

So, The Law related to division of property is to be based on local customs even though the high level guidelines are given by the SAstra. Judges should be familiar with the customs pertaining to the case involved and take help of local elders while settling disputes related to the division of property.

With this 44th post we come to the end of 7th chapter of dharmasthIyam of artha SAStra of kauTilya.

vivAha saMyuktam - Civil code realted to Marriage

In three chapters (2, 3 and 4th) of dharmasthIyam, vivAha saMyuktam - code related to marriage as per artha SAstra is dealt with.

"vivAha pUrvA sarva vyavahArAH" starts cANakya. The importance of marriage in forming a civil society is stressed by this single statement. All transactions starts with marriage or marriage precedes all the transactions in the civil society.

A civil society is not just a group of people living together. A set of families living together under the protection of a King is the society. The basis of family is the institution of marriage.

Attaining majority age is at 12 years for women and 16 for a man. After this age individuals are "prApta vyavahAra" or having the ability of performing transactions for themselves. After this age they should take care of civil / societal duties. King to impose fine for refusing to carryout one's own societal duties.

There are total 8 types of marriages of which first 4 are purely dharmic. They are brahma, prajApatya, ARSa and daiva. In all these types the bride's father happily gives away the bride with no dowry involved. Both the families of bride and groom are in agreement in these types of marriages and generally there is nothing called divorce or split of marriage in these types of marriages.

Rest of 4 types of marriages are: gAndharva, Asura, rAkshasa and piSAca are all involving dowry or lack of acceptance from the bride or groom or their parents. Generally a marital split is allowed only in these four types of marriages.

All the marriages should have an agreement from bride's father and / or mother. What constitutes the money / property of the bride and in what circumstances the bride's money need to be returned, how long a woman should wait for a husband who has gone away for various reasons before remarriage. How long a man should wait before getting remarried, need for mutual consent for divorce, issues related to misconduct and prohibitions, women leaving home and its consequences are the different topics discussed in these three chapters.

In my opinion, a close and detailed study of these chapters gives a basis of common civil code with reference to marriage irrespective of religious affiliation. It carefully considers the impacts of an individual family as well as much larger society of all that dealings arising from the topic called marriage.

This post takes us to the end of 4th chapter of dharmasthIyam.