History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t1.1

v4.c63.t1.1

Before allotting shares provision must be made out of the joint family property for the payment of joint family debts1179a, for the personal debts of the father that are not immoral or illegal, for small gifts of affection made by the father, the maintenance of disqualified coparceners and female dependent members and for marriage expenses. Vide Manu VIII. 166 (as to family debts), Yāj. II. 117, Nār. (dāyabhāga 32) and Kāt. 850 (for payment of father's debts and gifts of affection) and 542-43 (for the various legal necessities¹¹⁸⁰). If brothers want to separate and some of them are already married and others are unmarried then provision must be made for the saṁskāras (such as marriages) of the latter from the joint family property. Even Kauṭilya makes provision for the marriage of unmarried brothers and sisters¹¹⁸¹. Yāj. II. 124, Nār. (dāyabhāga 33), Bṛ. (S. B. E. 33 p. 373 verse 21) lay down that the *saṁskāras* (upanayana, marriage &c.) of younger brothers must be provided for out of paternal wealth¹¹⁸².