The Law Code of Yājñavalkya 2.8.28

2.8.28

sthāvarasya prasādadāne pratiṣedhavacanaṃ tatpitāmahopāttasthāvaraviṣayam | atīte pitāmahe taddhanaṃ pitrāputrayoḥ sādhāraṇam api maṇimuktādi pitur eva | sthāvaraṃ tu sādhāraṇam ity asmād eva vacanād avagamyate | tasmān na janmanā svatvaṃ kiṃ tu svāmināśād vibhāgād vā svatvam | ata eva pitur ūrdhvaṃ vibhāgāt prāg dravyasvatvasya prahīṇatvād anyena gṛhyamāṇaṃ na nivāryata iti codyasyānavakāśaḥ | tathaikaputrasyāpi pitṛprayāṇād eva putrasya svam iti na vibhāgam apekṣata iti |

This statement prohibiting the gift of immovable property as a favor applies to immovable property acquired by the grandfather. When the grandfather has passed away, even though his property is held in common by the father and son, the pearls, gems, and the like belong to the father alone, whereas immovable property is held in common; this is understood from this very statement. Therefore, ownership does not arise by birth; rather, ownership arises from the death of the owner or from partition. Therefore, the objection that after the father's death and prior to partition, since ownership of the property has ceased, someone else seizing it could not be prevented, has no scope. Likewise, in the case of an only son, ownership belongs to the son from the very departure of the father, so it does not depend on partition.