DOI Page / Citation link:
https://doi.org/10.11588/diglit.52452#0217
XIII, 4.
MIXED CASTES J INHERITANCE.
189
is instituted by the sons, it is called by the learned,
Partition of Property, a title of law.
* 2. The father being- dead, the sons shall divide
the estate as they ought; (and so shall) daughters
(divide the property) of their mother (when she dies);
or, failing daughters, their issue.
3. (The distribution of the property shall take
place) when the mother has ceased to menstruate
and the sisters are married, or when the father’s
sexual desire is extinguished and he has ceased
to care for worldly interests.
* 4. Or let a father distribute his property among
his sons himself, when he is stricken in years, either
allotting a larger share to the eldest son, or (dis-
tributing the property in any other way) following
his own inclination.
mere remote descendants. The term ‘ paternal ’ includes property
of the grandfather and more remote ancestors as well. Mandlik’s
Mayukha, p. 33 (IV, 3,1, Borrodaile). Analogous remarks are found
in most other Commentaries.
2. ‘Their issue’ (tadanvaya/z). According to the usual ex-
planation, the male issue of the daughters is meant. However,
there is nothing in the text to warrant an exclusion of the female
issue of daughters. Manu IX, 104, 192; Ya^zzavalkya II, 117;
Gautama XXVIII, 1; Baudhayana II, 3, 8.
3. According to the Mayukha, the clause ‘ when the sisters are
married ’ has to be construed with both the preceding and following
clauses, the marriage of the sisters being required to precede both
a division in the father’s lifetime and a division in the mother’s
lifetime. See Mayukha, p. 33 (translation, p. 39). The Daya-
bhaga has a totally different reading of this text, which is censured
in the Viramitrodaya. Gautama XXVIII, 1.
4. The Dayabhaga (II, 82, Colebrooke) states correctly that the
unequal distribution referred to in the last clause of this text must
be different from that sort of unequal distribution under which the
eldest son is to receive a larger share than the rest. The Mitak-
shara school, on the other hand, recognises two different modes of
MIXED CASTES J INHERITANCE.
189
is instituted by the sons, it is called by the learned,
Partition of Property, a title of law.
* 2. The father being- dead, the sons shall divide
the estate as they ought; (and so shall) daughters
(divide the property) of their mother (when she dies);
or, failing daughters, their issue.
3. (The distribution of the property shall take
place) when the mother has ceased to menstruate
and the sisters are married, or when the father’s
sexual desire is extinguished and he has ceased
to care for worldly interests.
* 4. Or let a father distribute his property among
his sons himself, when he is stricken in years, either
allotting a larger share to the eldest son, or (dis-
tributing the property in any other way) following
his own inclination.
mere remote descendants. The term ‘ paternal ’ includes property
of the grandfather and more remote ancestors as well. Mandlik’s
Mayukha, p. 33 (IV, 3,1, Borrodaile). Analogous remarks are found
in most other Commentaries.
2. ‘Their issue’ (tadanvaya/z). According to the usual ex-
planation, the male issue of the daughters is meant. However,
there is nothing in the text to warrant an exclusion of the female
issue of daughters. Manu IX, 104, 192; Ya^zzavalkya II, 117;
Gautama XXVIII, 1; Baudhayana II, 3, 8.
3. According to the Mayukha, the clause ‘ when the sisters are
married ’ has to be construed with both the preceding and following
clauses, the marriage of the sisters being required to precede both
a division in the father’s lifetime and a division in the mother’s
lifetime. See Mayukha, p. 33 (translation, p. 39). The Daya-
bhaga has a totally different reading of this text, which is censured
in the Viramitrodaya. Gautama XXVIII, 1.
4. The Dayabhaga (II, 82, Colebrooke) states correctly that the
unequal distribution referred to in the last clause of this text must
be different from that sort of unequal distribution under which the
eldest son is to receive a larger share than the rest. The Mitak-
shara school, on the other hand, recognises two different modes of