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Hindu Law and Custom (Recht und Sitte) c7.805

Hindu Law and Custom (Recht und Sitte) c7.805

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c7.805

That the father reserved for himself a greater portion was all the more justified inasmuch as under certain circumstances he had to provide for his wife and the son born after the partition (vibhakta-ja) though of course there is the rule that the partition should take place only when the parents are sufficiently advanced in age (Nār. 13, 3) ; there was however difference of opinion as to whether the Vibhakta-ja might claim only the property of his father or was also to be provided for by his brothers (Gaut. 28, 29; M. 9, 216 ; Nār. 13,44 ; Vi. 17, 3 ; Y. 2, 122 etc.). In a partition the shares of the grandsons and the great-grandsons shall be adjusted per stirpes (according to fathers) (Vi. 17,23 ; Y. 2, 120, Cf. § 22).

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