व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)
Vyavahara Mayukha of Nilakantha Bhatta
नीलकण्ठ भट्ट (सम्पादक: पी. वी. काणे) द्वारा
पृष्ठ 127, कुल 332 में से
संदर्भ में पढ़ें96 VYAVAHĀRAMAYŪKHA [ S. IV 4 23-27
M. p. 45. L 19-p. 46 L. 21
Among members of the same family who being once undivided became
divided and then began to live together ( i e reunited ) there may be
partition again up to the fourth in descent (including the propositus), this
is the established rule
If a debt a document, a house a field be the property of a person's
grandfather he though he may have gone abroad for a long time is
entitled to a share in it when he returns If a person leaves the country
common to his family (and himself) and resorts to another country there
is no doubt that a share must be given to his descendant when he returns
( Bṛhaspati p 378 vv 23-24 ).
- Avibhaktavibhaktānām ( in Devala ) means the great-great-grand
father and his sons who are reunited ^1 This ( text of Devala ) refers to
those who live in the same country A fifth in descent and the like also do
take (a share in the heritage) when they live in another country since the
smṛti of Bṛhaspati ( p. 373 v 25 ) when treating of residence in a foreign
country says
Even he who is third or fifth or seventh ( from the propositus ) may
receive his share descending hereditarily on his birth and family name
being ascertained
Bṛhaspati ( p 372 v 15 ) speaks of a partition according to mothers in
some cases
If there be many ( sons ) sprung from the same ( father ) who are
equal in caste and number they may make on account of their being born
of rival mothers a legal partition according to the mothers ^2
Vyāsa says
If there be sons who are sprung from one ( father ) who are equal in
caste and number but have different mothers a division according to
mothers is commended
Bṛhaspati ( p 372 v 16 ) cites an example opposite of this
Among (sons ) who are of the same varṇa ( class ) but differ in
number ( i e a different number of sons is born to each wife ) a division
according to the males ( entitled to share ) is commended
Yājñavalkya (II 125) speaks of partition among sons of ( mothers of )
different castes
The sons of a brāhmaṇa get respectively four shares three, two and
one those born of a kṣatriya get three two and one while those
1 This explanation should really have come before the verses If a debt &c
- When the sons are of the same caste and equal in number though born of different
mothers, no difference will result as to the share of each son whether there be a division
with reference to the mothers or without. But the text speaks of division through
mothers here simply to give prominence to them.
P 102 (text).