History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.1128.1

v4.c63.1128.1

It is a remarkable fact that the smṛti texts on separate property do not expressly mention gifts received from strangers by a member of a joint family as the separate property of that particular member. The only gifts mentioned are those from friends, or those received at the time of marriage (called *audvāhika* in Yāj. II. 118 and Manu IX 206) or at a *madhuparka* in honour of a learned man, a priest etc. It is probable that gifts from strangers to a member of the joint family that did not fall within the several classes of separate property mentioned above belonged to the whole family. The concept of the separate property of a member of a joint family was of slow growth. Originally all property however acquired by any member might have been held to belong to the whole family. This is indicated to some extent by Manu VIII. 416, which was (as shown above on pp. 555-556) however interpreted by Śabara, Medhātithi, the Dāyabhāga and others in subsequent times, as meaning that the acquirer (son or wife) had no independent power of disposal though he or she was owner of what was earned by him or her. It is noticeable that so late a writer as Haradatta¹⁰⁸⁸ relies on this verse of Manu and remarks that while the father is alive whatever is earned by a member, whether learned or not, belongs to the father (on Gaut. 28. 29). The Dāyabhāga¹⁰⁸⁹ (II. 66-72) quotes a text of Kāt. (851) "the father gets two shares or half of the wealth acquired by the son" and explains it in two ways.