Law of Inheritance in the Kautilya's Arthashastra

Summary

The first article explores how succession and property rights were systematised in the ancient Indian treatise known as the Arthaśāstra. Kautilya, the royal adviser credited with composing this work, approached law as an instrument of governance rather than a purely religious discipline. The author situates the Arthaśāstra alongside contemporaneous dharma‑texts but notes that its tone is secular and pragmatic. He then examines the categories of heirs Kautilya recognises – legitimate sons, widows, daughters, brothers, adopted sons and even loyal servants – and shows how these categories were ordered in a hierarchy that sought to preserve both family continuity and the agrarian economy. The text distinguishes between ancestral property and self‑acquired wealth and lays down rules for their partition. Widows were entitled to maintenance and could inherit if there were no male heirs; daughters normally received a dowry, but the Arthaśāstra still provided for them in cases of need. Procedures for guardianship of minors, disqualification of unworthy heirs and the role of arbitration are discussed with reference to passages from the treatise. The article also compares Kautilya’s rules with those of the Manu Smriti and later commentaries, noting areas of convergence and departure. It argues that Kautilya’s legal approach reflects a patriarchal yet flexible society: male authority remained central, but the welfare of dependants was recognised and the king could act to prevent disputes from destabilising the realm. In its concluding sections, the article relates the ancient norms to modern legal debates, suggesting that the Arthaśāstra offers a coherent early model of inheritance law that influenced subsequent jurisprudence.