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

134 VYAVAHARAMAYUKHA [ B. IV c 1-3
M. p. 65 l. 32-p. 66 l.23
The debt of the father the debt (incurred) in relation to (i. e. to
pay off) the father's debt one's own debt and what is incurred by oneself
these debts so incurred should always be cleared (provided for or paid
off) on a partition with one's relatives (brothers &c.)¹
Pitṛyaṛṇasambaddham means what is incurred for paying off the
father's debt. Ātmīyam (one's own debt) means what is incurred by
another for the maintenance and the like of one's family.
The same author (says)
A debt contracted by a brother a paternal uncle or mother for the
sake of the family should all be discharged by the cosharers of the (ances-
tral or joint) estate at the time of partition.
As regards also the debt that is less than the riktha (ancestral or
joint estate) the same author (Kātyāyana) says
Having paid the debts and what is promised (lit. bestowed) through
affection, one should divide the rest.²
Pradattam means promised. Nārada (p. 197 v. 32) says

• What remains after (providing for) the gifts (promised) by the father
  and after paying off paternal debts should be divided by the brothers
  otherwise the father would remain debtor.
  Pitṛdāya (in this verse) means what is promised by the father. The
  same author (Nārada) says
• What has been given (or promised) for religious purposes and what is
  donated through affection by the father and the debt incurred by him-
  self—these and the visible estate should be divided. There is to be no
  (other) payment out of the paternal estate (except the above at the time
  of partition).³
  The meaning is whatever is given, that is whatever is promised to be
  given for religious purposes and out of affection, whatever (debt) is con-
  tracted by the father himself (thus is the meaning of svena yojitam) such
  debts and the visible wealth should be divided there is to be no payment
  out of the paternal estate of anything beyond these debts (and obligations).
  Even when there is a suspicion of some (paternal wealth) being not visible
  (i. e. not brought forward for division) the same author (Nārada) says
  Visible wealth (viz.) houses and fields quadrupeds (and the like),
  should be divided. If there is a suspicion of (there being) concealed (joint)
  wealth an ordeal is prescribed in such a case. Household utensils, beasts

1. This verse is quoted in Ponnappa Pillai v Pappuvayyangar 4 Mad. 1 (F. B.) at p. 40.
2. This is quoted in Ponnappa Pillai v Pappuvayyangar 4 Mad. 1 at p. 40.
3. This verse is variously interpreted. Vide notes to V. 31 p. 200. Aparārka and Sm.
   C. explain svena yojitam as meaning debt which the father enjoined his son or sons
   to pay.
   P. 123 (text).