History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.1070
History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.1070
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v4.c63.1070
According to the Mitākṣarā sons take by birth an interest in ancestral estate. Suppose A is sole owner of an ancestral estate and has no issue. In that case there is no coparcenary. But the moment a son is born to him, a coparcenary is started. That is, under the Mitākṣarā the birth of a son starts a coparcenary. Under the Dāyabhāga there is no coparcenary between father and sons as the latter acquire no rights by birth even in ancestral property but it may subsist between brothers or uncles and nephews. Under the Dāyabhāga, the *death* of a man may start a coparcenary among his sons (who will be brothers).