History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t1.53

v4.c63.t1.53

Another rule is that where some property of the joint family had been fraudulently concealed by one member and was discovered afterwards, or where some property was left out from partition either through mistake or accident, such property should be divided according to their shares among the persons who made the first partition. In this case there is no reopening of the partition once made, but there is another partition; Manu IX. 218, Yāj. II. 126, Kauṭ. III. 5 and Kāt. 885-86 lay down¹²⁰⁶ this. Kāt. says: 'If (joint) wealth was concealed, but is afterwards discovered, the sons should divide it equally with their brothers in the absence of the father (i. e. even after his death). Whatever is concealed from each other (by the co-sharers) or what was divided in an unjust manner and whatever was recovered (such as debts) after (partition) should be partitioned in equal shares. This is the view of Bhṛgu'.