Zend Avesta Part 03

SR No.: 007673
Original Sutra Author: N/A
Author: L H Mills
Publisher: Oxford
Publication Year: 1887
Total Pages: 2618
Language: English
Classification: Book_English
File Size: 49 MB

Page 1392

XIII, 42.
INHERITANCE.
199
*38. Giving, receiving, cattle, food, houses, fields, and servants must be regarded as separate among divided brothers, and so must cooking, religious duties, income, and expenditure (be kept separate for each of them).
*39. (The acts of) giving evidence, of becoming a surety, of giving, and of taking, may be mutually performed by divided brothers, but not by unseparated ones.
* 40. If (brothers or others) should transact such matters as these publicly with their co-heirs, they may be presumed to be separate in affairs, even though no written record (of the partition) be in existence.
*41. Those brothers who for ten years continue to live separate in point of religious duties and business transactions, should be regarded as separate; that is a settled rule.
*42. When a number of persons, the descendants of one man, are separate in point of (the performance of) religious duties, business transactions, and work
38. 'Giving and receiving, without consulting each other. Purchase of cattle' and the like. See Colebrooke's Digest, V, 6, 380. The upshot of a long discussion of this text by Gagannatha is this, that none of the acts mentioned here may be regarded as conclusive evidence by itself, a great deal of collective evidence of all sorts having to be adduced in each case. See Colebrooke's Digest, V, 6, 387.
39. Yagħavalkya II, 52.
41. The term brothers' is here used to denote coparceners generally. Smritikandrika XVI, 14. The Sarasvatîvila sa ($ 812, Foulkes) contests the correctness of this interpretation. The Nepalese MS. does not give this paragraph, and it is elsewhere attributed to Brihaspati.
42, 43. Religious duties,' prescribed observances, such as the five great sacrifices (Mahayagñas). Business transactions,' such as
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