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 1563

370
BRIHASPATI.
XXV, 2.
place). It may take place even in their lifetime, if the mother be past child-bearing.
2. Houses and landed property inherited from an ancestor shall be shared equally by the father and sons; but the sons cannot claim a share of their father's own property without the consent of the father.
3. Of property acquired by the grandfather, whether immovable or movable, father and son are declared to be entitled to equal shares.
4. Those (sons) for whom their shares have been arranged by the father, whether equal, less, or greater, must be compelled to abide by such arrangement. Otherwise (if they try to alter the arrangement), they shall be punished.
5. When a partition is made during (the father's) life, the father shall reserve a couple of shares for himself.
6. The worship of the Manes, gods, and Brahmans by those residing (together) and cooking their food (in one house) is single. But when they divide the
Ratn. p. 462. The author of the Dâyabhaga and other writers of the Bengal school hold that this rule applies to ancestral wealth only, and that, moreover, the consent of the father is required in every division of his property during his lifetime. In the other schools of law, this text is given its plain meaning.
2. Col. Dig. V, 2, 94 Vyâsa'); May, p. 39. The Mayukha deduces from this text the doctrine, generally held by the followers of the Mitakshara, that partition of property inherited from a grandfather or more remote ancestor may be instituted by sons even against their father's wish.
3. Col. Dig. V, 2, 93; D. II, 50; V. p. 66; May. p. 43. 4. Col. Dig. V, 1, 31; D. II, 75; V. p. 56; Ratn. p. 468. 5. Col. Dig. V, 2, 97; D. II, 46; Ratn. p. 465. 6. V. pp. 53, 257 ; Ratn. p. 459 ; Viv. p. 227; Col. Dig. V, 6,
388.
.
Digitized by Google