History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.1189.2

v4.c63.1189.2

Where a son is born as well as conceived after partition between a father and his sons the rights of the afterborn son are declared by Gaut.¹¹²⁷ 28. 27, Manu IX. 216, Yāj. II. 122,¹¹²⁸ Nār. (dāyabhāga 44), Bṛ. (S. B. E. 33 p. 372 verses 17 and 19) that he takes the share allotted to the father and also all the selfacquisitions of the father made after the partition.¹¹²⁹ The Mit. understands that the first half ( of Yāj. II. 122 ) refers to a partition during the father's lifetime and provides that if a son was conceived and born to the father after partition he took the share allotted to the father and all the self-acquisitions of the father made after partition (*tathā vibhāgottarakālaṁ pitrā yat kiñcit arjitaṁ tat sarvaṁ vibhaktajasyaiva* ) and the Mit. relies on Manu IX. 216 and Bṛ. for this. The Mit. takes the 2nd half of Yāj. II. 122 as referring to a partition made after the father's death and states that, if a son was in the mother's womb when the brothers separated after the father's death and was born subsequently, the posthumous son would be entitled to reopen the partition and would get a share out of the property ( not as it stood at the date of partition ) that would be there after allowing for proper expenditure ( e. g. payment of debts etc. ) and accretions. The Mit. extends the same rule to a posthumous son born after partition to the widow of a brother who died before the partition and when the fact of the pregnancy was not known to the separating brothers.