सामग्री पर जाएँ
सर्वकोश
व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

Vyavahara Mayukha of Nilakantha Bhatta

नीलकण्ठ भट्ट (सम्पादक: पी. वी. काणे) द्वारा

DevanagariSanskritpublished332 पृष्ठ

पृष्ठ 127, कुल 332 में से

संदर्भ में पढ़ें
पृष्ठ 127

96 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
  1. 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).