The Smruti Chandrika on the Hindu Law of Inheritance

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER II. SECTION II. PARTITION AFTER TH FATHER'S DECEASE. ] . Harita, referring to a father, declares: If he be Harita's text as to how dead, the partition of inheritance partition is to be made on the death of the father. should be made equally. 2. Where the father is dead, the partition of the family...
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER II. SECTION II. PARTITION AFTER TH FATHER'S DECEASE. ] . Harita, referring to a father, declares: If he be Harita's text as to how dead, the partition of inheritance partition is to be made on the death of the father. should be made equally. 2. Where the father is dead, the partition of the family Exposition of the above estate which the brothers may make, passage. must be made equally only. 3. Paithinasi, too, When- the paternal inheritance is to Text of Paithiuasi on the be divided, the shares shall be equal subject. among the brothers. 4. Paternal inheritance means wealth forming the Exposition of the above subject of inheritance. By the plu- passage. ral of the word brother being used in the above text, it cannot be objected to that where the brothers are of duaK1) number, there could be no partition, the term brothers being used in the text simply to denote the heirs to a common property. 5. Devala, therefore, negatives partition where the heir, ., ., to the family property is but one. Partition does not take . place where there is but one Heritage is not divisible where there heir. Text of Devala. . i . /, . ., .. is but one (heir) of the same class. 6. The words of the same class, are used in the text, in order to shew that, in some coun- The object of the use of certain expression in the tries, partition of heritage does not above passage. ... ... brothers of both equal and unequal classes exist. (1). According to Sanskrit Grammar, nouns have three numbers: singular, dual, and plural. 7. Accordingly, Menu: The son of a Brahmana, a Ksha- triya, or a Vaicya, by a woman of Text of Menu., ., the Qudra or servile class, shall not share the inheritanc...