History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.1123

v4.c63.1123

¹⁰⁸⁴ The Mit. speaks only of the son's and grandson's right by birth in ancestral property and does not expressly mention the great-grandson. But other writers like the author of the Viramitrodaya quoted above in note 1069 mention the great-grandson as having a right by birth and this has been accepted by the courts. The words "ancestral property" have a technical sense viz. it is *paitāmaha* i. e. paternal grandfather's or great-grandfather's property. Vide *Muhammad Husain v. Kishwa Nandan* 64 I. A. 250 where this is made clear. In a recent case from Patna, 23 Patna 599 (F. B.), it has been held that, where a grandfather makes a gift of his self-acquired property to his son (the father), the son or sons of the latter can treat it as ancestral property and take an interest in it by birth unless the gift makes it clear that it was made exclusively for the donee's benefit only.