The minor law books: The minor law books (Oxford: Clarendon Press, 1889)

370

B72ZHASPATI.

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 Dayabhaga 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 (‘Vyasa’); 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.