The Minor Law Books by F. Max Muller

Author:F. Max Muller [Muller, F. Max]
Language: eng
Format: epub
Tags: Social Science, Ethnic Studies, General
ISBN: 9780700715282
Google: sMcoHtDBcRkC
Barnesnoble:
Publisher: Taylor & Francis
Published: 2001-09-21T00:00:00+00:00

Thirteenth Title of Law.

THE LAW OF INHERITANCE.

* 1. Where a partition of the paternal property 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 (distributing the property in any other way) following his own inclination.

* 5. Of the senior brother shall maintain all (the junior brothers), like a father, if they wish it, or even the youngest brother, if able; the well-being of a family depends on the ability (of its head).

* 6. Property gained by valour, or belonging to a wife, and the gains of science, are three kinds of wealth not subject to partition; and so is a favour conferred by the father (exempt from partition).

*7. When the mother has bestowed (a portion of) her property on any (of her sons) from affection, the rule is the same in that case also; for the mother is equal to the father (as regards her competence to be***tow gifts).

* 8. What (was given) before the (nuptial) fire, what (was given) during the bridal procession, the husband's donation, and what was received from her brother, mother, or father, that is called the sixfold property of a woman (Strîdhana).

* 9. Such property of a woman shall go to her offspring; if she have no offspring, it is declared to go to her husband (if she was married to him) according to one of the four (praiseworthy) marriage forms, beginning with the Brâhma form; (if she was married) according to one of the other forms, it shall go to her parents.

* 10. When one brother maintains the family of another brother, who is engaged in studying science, he shall receive a share of the wealth gained by that study, though he be ignorant (himself).

* 11. A learned man is not bound to give a share of his own (acquired) wealth against his will to an unlearned co-heir, unless it have been gained by him using the paternal estate.

* 12. Two shares let the father keep for himself when distributing his property. The mother shall receive the same share as a son (when the sons divide the property) after her husband's death.

* 13. To the eldest son a larger share shall be allotted, and a less share is assigned to the youngest son. The rest shall take equal shares, and so shall an unmarried sister.

* 14. The same rule applies to sons of a wife (Kshetragas) lawfully begotten on her.

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