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

142 VYAVAHĀRAMAYŪKHA [ S. IV 7. 22-24
[ M. p. 71 L. 28-p. 72 l. 10
kept joint (or undivided) they cannot be (properly) enjoyed nor can
they be given (allotted) to one alone (out of many cosharers). They
should (therefore) be divided with skill, otherwise they will become
useless. Clothes and ornaments are divided by selling them (i. e. by
dividing the proceeds of sale); debts consigned to writing (are divided)
after they are recovered (i. e. the bond itself is not divided); cooked
(or prepared) food (is divided) by exchanging it for uncooked food.
The water of wells¹ which have flights of steps and of other wells is to
be enjoyed according to one's respective share, after drawing it out; a
single female slave is to be made to work in the respective houses (of the
cosharers) according to their shares; if they (female slaves) be many,
they are to be allotted in equal shares (to the sharers). This (very)
rule applies also to male slaves. Fields and embankments are to be
divided according to the respective shares (of the co-sharers). Ways
(or pasture lands) should always be used by the co-sharers (after parti-
tion) according to their shares.
*Udgrāhya means 'after recovering (the debt) from the debtor.'
Kātyāyana says:
Wealth² which is consigned (mentioned in) a deed and is designed
(assigned) for religious (and charitable) purposes, water (i. e. wells
&c.) slaves, a nibandha that descends hereditarily, worn clothes, orna-
ments and whatever is unfit (for division)—these should be applied
(enjoyed) by the members (of the family) according as they were enjoyed
in times (before separation of the members).
The (clause) dhanam³ &c. means written down in a document after
resolving to set it apart for a religious (or charitable) purpose; udakam
(water) i. e. water contained in a well and the like; nibandha means vṛtti
(i. e. hereditary right to officiate as priest or to receive cash or other income);
nānurūpam means unfit for division.
Yājñavalkya (II 126) declares partition of property kept concealed
(by one member) from his brothers and the rest:
Property that is concealed from each other (by co-sharers) and

1. Vide Govind v. Trimbak 36 Bom. 275 (= 12 Bom. L. R. 363) at p. 277 where
   it was said that rights to water and wells belonging to a joint family are indivisible if
   they are numerically unequal and after partition these must be enjoyed by the separated co-
   parceners by turns.
2. These words yathā kālopayuktāni &c. may also mean "should be so enjoyed as
   to be useful (to all co-sharers) on the occasions (when their use is needed)." These
   words of Kātyāyana that any portion once assigned for purposes of religion shall be exempt-
   ed from partition are referred to in Khushalchand v. Mahadergiri (1875) P. J. p. 176.
   Vide also 30 Mad. 510 at p. 511.
3. Mit. takes the first half of Kātyāyana's verse dhanam &c. as one clause. The
   Madanapārijāta and other works take the first half verse as containing two clauses viz. debt
   evidenced by a deed (as long as not recovered) and what is set apart for religious purposes.
   P. 131 (text)