History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t1.38

v4.c63.t1.38

The following propositions may be laid down about the allotment of shares on a partition: (1) When there is a partition between a father and his sons each son takes a share equal to that of the father; (2) where the partition is only between brothers all of them share equally; (3) on the death of a member leaving male issue his right to a share on partition passes to and is represented by his male issue; (4) when there is a partition among members who are uncles and nephews or cousins, the allotment is *per stirpes* (according to the stock) as regards each branch and *per capita* among the members of the same branch. This rule is expressly laid down¹²⁰³ by Kauṭ.