History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c64.1313

v4.c64.1313

Partition (see 'father', 'grandmother', 'mother', 'son'); chief matters to be discussed under, are four 563; Dāyabhāga admits only two times for 567-568; definition of 560-561; definition of p. by Dāyabhāga criticized by Dāyatattva 561; divergence of views about giving a share to unmarried sisters at a partition 619-20; evidence of 638; four times for, acc. to Madanapārijāta 569; general rule that p. once made is final 634; grandmother's right to a share at 607-608; grounds of exclusion from 608-616; in certain cases allowed acc. to patnībhāga 607; in the sense of mere severance of interest may take place by mere unilateral declaration of one member 562; minority of a coparcener was no bar to 573; mother's right to a share at 605-606; no share allowed to unmarried sisters in modern times, but only marriage expenses 620; of concealed property 635-637; *per stirpes*, explained 569-70, 632-634; provision for marriage expenses of unmarried sisters 619; provision for saṃskāras of brothers 619; propositions about 631; re-opening of, when allowed 634-636, 617, 618; right of absent coparcener to claim 634-635; rule that all sons divide equally irrespective of whether they are sons of different mothers 607; rule of equal division between father and son or brothers favoured by most smṛtis 623; safeguarding minor's share at a p. 573; son's right to demand partition from father took ages to evolve 563-564; son's right to partition encouraged from religious sentiments 571–72; son's right to p. in father's lifetime existed even in Vedic age 564–565; three main times for, according to Mitākṣarā 568–569; time for 563ff; two senses viz. division by metes and bounds and severance of interest only 562; under Dāyabhāga no p. can be claimed as long as father is alive 569.