History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.187

v4.c63.t2.187

The text of the Mayūkha is given in the note below. It is¹⁴⁰⁷ almost the same as a passage of the Mitākṣarā, which has not been misunderstood. Both passages contemplate a case like this. A dies leaving B, C, D, his brothers, as his nearest heirs, so that A's estate vests in interest in B, C, D. Before the estate of A is actually divided by metes and bounds, B dies leaving three sons E, F, G. The last three had no right to the property of A at their uncle A's death because their father B was living at the time (i. e. *pitṛvyamaraṇakāle jīvatpitṛkatayā asañjāta-dhanasambandhāḥ*). Yet when the property is later on actually to be divided they (E, F, G) will take the share which their father B would have taken if the property of A had been divided at the moment of A's death. Here a distinction is drawn between vesting of property (*dhanasambandha*) and its actual partition. But, in order to entitle nephews to take by actual partition, their father should have survived the deceased. This is the real meaning.