History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.1027

v4.c63.1027

The Mit., the Par. M., the Madanaratna, the V. Mayūkha, the V. P. and other works that follow the doctrines of the Mit. divide dāya into two varieties viz. *apratibandha* (unobstructible)¹⁰¹⁹ and '*sapratibandha*' (obstructible). The first occurs in the case of sons, grandsons and great-grandsons, who, by the very fact of their being the sons or grandsons, obtain ownership in the (ancestral) wealth held by the father or the grandfather. In this case the existence of the father or grandfather presents no obstacle (*pratibandha*) to the son's or grandson's taking an'interest by the very fact of his birth in the family property that is in the hands of the father or grandfather. Therefore this is called *apratibandha dāya*. But when a man takes the wealth of his paternal uncle or a father succeeds to the wealth of his son because the uncle or the son dies issueless, it is *sapratibandha dāya*, as in these cases the nephew or the father has no right in the uncle's or son's property as long as the uncle or the son is alive or as long as the uncle or son has a son or grandson. That is, the life of the owner or the existence of a son presents an obstacle to the nephew's or father's succession. Hence it is *sapratibandha dāya*.