Hindu Law of Inheritance: As in Viramitrodaya of Mitramisra

The institutes of various sages, as embodied in the Dharmasastra, which form the primary source of the Hindu law, treat Law in the widest sense of the term. In these institutes, no distinction was drawn between Positive law on the one Hand and Laws of morality and Religion on the other. But the distinction appeared gradually, some traces of it can be found in the institutes of Yajnavalkya, which devote a separate chapter, called Vyavahara, to the positive law. This authority is held in the highest esteem by The Hindu lawyers. The Mitaksara of Vijnanesvara, which gives a systematic exposition of The Law and is held to be the highest authority in almost all schools, professes to be but a Commentary on Yajnavalkya. The most important part, the Vyavahara, as in Yajnavalkya and Mitaksara, comprises the sections on the law of inheritance and succession. The gradual development of the Hindu law, which was originally moulded by the Institution of family, consisted of the recognition of individual rights and in the introduction of cognates as heirs in preference to more distant agnates. The Viramitrodaya, composed by Mitramisra (17th cent.) is a well known treatise (nibandha) and has always been regarded as an authority of considerable importance by the High Courts and Legal experts in British India. It presents in a very systematic way the Views of Yajnavalkya and Mitaksara and upholds their opinions, particularly of the latter against critics like Jimutavahana. It also gives a satisfactory exposition of which may have been left doubtful by the Mitaksara. The Section on Vyavahara or litigation of the Viramitrodaya is divided into four parts, the third of which describes eighteen Topics of litigations, one of these topics being law of inheritance and succession, called Vibhaga or Dayabhaga, i.e. partition of inheritance. The present volume contains the text of the Vibhaga portion of the Viramitrodaya with an English translation by a versatile scholar and famous practising Advocate of the Calcutta High Court in the late nineteenth century. The publication will prove to be of great Research value for the Study of the evolution of Hindu law of inheritance and some of the Hindu social problems Contents:- Mother I. INTRODUCTORY REMARKS ON PARTITION OF Heritage : 1. Introduction.-2. Partition at Heritage defined.-3. Heritage defined.-4. Partition defined.-5. Heritage divided into two classes, obstructed and unobstructed.-6 to 22. Arguments against this division.-13 to 16. Notion of proprietory right derived from Sastras.-23 to 31. The above arguments answered.-32 to 43. Notion of proprietory right, established to be not of divine origin.-44 to 48. The object of the discussion regarding the origin of the notion of proprietory right.-49 to 53. Arguments in the Dayabhaga against right by birth, cited and criticized.-54. Conclusion that Heritage is two-fold.-55, 56. Jimutavahana's view of partition and heritage, is cited and criticized; Dayatattva cited.-57. Nature of the right of a co-sharer in joint property, &c. Chap. II. LAW OF PARTITION : Part A. 1-8. When and by whom partition is made.-9. Distribution by the Father not arbitrary.-l0. Of allotment of shares to wives.-11. Of equal distribution.-12. Father's Double share in self-acquired Property.-13. Not so in ancestral Property -14. Equality of shares preferable in all cases.-15. Partition with one who wishes not to take any share.-16. Partition of heritage extends to the third degree; participation per Stirpes not per capita.-17. Of partition of ancestral property recovered by father and of the father's right of disposal.-18. Mother's life no bar to partition.-19. The Mother entitled to a share.20. Initiation of uninitiated brothers.-21. Marriage of sisters, &c.-22. Of Alienation of immoveable property.-23. Partition may take place at the desire of a single co-sharer.-24. Of a co-sharer born after partition-25. Of partition by brothers of different classes Part B. 1. Principal and subsidiary sons, described by Yajnavalkya-2. The legitimate son.-3. The son of the appointed daughter. -4. The wife's son including the son of two fathers.-5. The secret-born son.-G. The maiden-born son.-7. The son of the twice-married woman.-8. The adopted son.-9. The purchased son.-l0. The son made.-ll. The self-given son.-12. The son received with a bride.-13. The deserted son.-14. The son by a Sudra woman.-15. The aurasa is the principal, the rest subsidiary.-16. Partition by these.-17. Partition by the legitimate son and the son of the appointed daughter.-18. Partition by the legitimate son and the adopted son, &c.-19. The conflicting texts, dividing the twelve sons into two Classes the first of whom are heirs to kinsmen, how reconciled.-20. All this is relative to the same class.-21. The son by a Sudra woman cannot get the whole property.-22. Of the son of a Sudra by a Female slave.-23. Of the son of a twice-born by a female slave Chap. III. LAW OF SUCCESSION : TO THE ESTATE OF A PERSON SEPARATED AND NOT RE-UNITED : Part A. 1. General rule of succcssion.-2. The wife's succession; wives of different classes; effect of marriage in different forms; her right to perform Religious ceremonies, and to take the entire estate.-3. Limitation of her right; two Texts of Katyayana, interpretation of these by the author of Smritichandrika; that by Jimutavahana, stated and criticized; conclusion.-4. Other texts on the priority of the wife's succession.-5. Texts in conflict with these.-6. Reconciliation by Dharesvara.-7. Criticized.-8. Reconciliation by Srikara; criticized.-9. Another reconciliation; criticized.-10. Reconciliation by the author.-11. The term "sonless" in texts on succession explained; sapinda Relationship explained.-12. Jimutavahana's objection to the above reconciliation, stated at length.-13. The same criticized; re-union explained; chaste Widows entitled to n1.'maintenance only when the Husband is unseparaed Part B. 1. The daughter's succession and the reason for the same.-2. The reason stated by Jimutavahana excluding the barren and widow daughters noticed and criticized.-3. The opinion that the appointed daughter alone succeeds, is criticized.-4. The order of succession amongst daughters.-5. A text of Vrihaspati explained by the author of the Smritichandrika.-6. The plural number in 'daughters' in Yajnavalkya's text explained Part C. 1. The daughter's son's succession.-2. The interpretation that the daughter's son Means the appointed daughter's son, is rejected.-3. The daughter's son is not entitled to preference to the widow and the daughter Part D : 1. Succession of the parents.-2. A passage of the Mitakshara. cited, where the order of succession between Parents is determined.-3. A passage of the Smritichandrika cited, criticizing the Mitakshara -4. The Dayabhaga cited.-5. Of the priority of the father.-6. Objections against the Mitakshara, removed.-7. The author's conclusion Part E. 1. Succession of brothers.-2. Of whole brothers and half brothers Part F. 1. Succession of the brother's son.-2. Uterine brother's son succeeds in preference to a half brother's son Part G. 1. Of the gentiles; its meaning as in the Mitakshara.-2. The same as in the Smritichandrika and Dayabhaga.-3. Criticized. -4. Gentiles consist of the sapindas and samanodakas; these terms explained.-5. Cognates; three descriptions; maternal uncle &c.-6. Preceptor and pupil.-7. Fellow-student.-8. The king.-9. The Brahmanas Part H. 1. Succession to the property of a hermit, &c.; the text of Yajnavalkya explained.-2. An objection stated and answered Chap. IV. RE-UNION : 1. Equal distribution.-2. Self-acquired property.-3. With whom re-union may be formed.-4. Succession to re-united property; two couplets of Yajnavalkya explained; Manu cited.-5. Interpretation by Srikara.-6. Same as in the Smritichandrika.-7. Same by Sulapani.-8. Same as in the Dayatattva.-9. The wife's succession.-l0. The Sister.-11. The sapindas, &c.-12. Sons re-united or not, equally succeed; an exception regarding a son born after partition.-13. Maintenance of the Wife and daughters; the marriage of the latter Chap. V. WOMAN'S PROPERTY : Part A : 1. Woman's property enumerated.-2. The term stridhanam bears no technical meaning.-3. The terms 'gift before the fire' &c., explained.-4. The amount of maintenance allowed to females.-5. The power of Females over their property. -6. Males have no power over woman's property; maintenance may be exacted by the wife, if not wicked.-7. Husband's power over the wife's property in the event of distress.-8. What was promised by the husband to his wife must be given by his sons; sons cannot divide the mother's property during her life Part B. 1. Joint succession of sons and daughters to gift subsequent and affectionate gift of husband.-2. Maiden daughters succeed to yautaka.-3. Daughter's succession to other kinds of property in preference to sons.-4. According to Jimutavahana this refers to yautaka only.-5. But according to Vijnanesvara, this refers to every description of property.-6. Latter's- argument criticized by Jimutavahana.-7. Criticism by the author.-8. The daughter's daughters and sons.-9-15. Succession to property of a childless woman.-9. Succession of husband and parents according to form of marriage.-10. Jimutavahana's opinion criticized.-11. Brothers' succession to gift of parents. -12. Sulka goes to uterine brothers.-13. Gift of banthus goes to bandhus.-14. Of other heirs.-15. Females not expressly mentioned, cannot succeed Chap. VI. PARTITION OF CONCEALED PROPERTY : 1. Partition of concealed property.-2. Concealment cf joint property is theft.-3. Restoration to be caused by gentle means Chap. VII. OF IMPARTIBLE THINGS : 1. Self acquired property.-2. Of other things not liable to partition Chap. VIII. EXCLUSION FROM JNHERITANCE : 1. Those incompetent to inherit.-2. Maintenance.-8. Pen-ance.-4. Right cannot be divested by subsequent disqualification; right revives on subsequent cure.-5. Females disqualified.-6. Their sons entitled.-7. Outcast and his son, not to be maintained.-8. Son by a woman of superior class.-9. Impotent &c. can marry.-10. The daughters and wives.-11. The vicious are excluded Chap. IX. RIGHTS OF SEPARATED CO-SHARERS : 1. Power of a separated co-sharer to dispose of his share.-2. Immmoveables.-3. Partition cannot be re-opened Chap. X. ASCERTAINMENT OF A CONTESTED PARTITION : 1. Evidence of partition. 2.-Circumstantial evidence.-3. Ordeals and oaths.-4. Partition over again Index The Title 'Hindu Law of Inheritance: As in Viramitrodaya of Mitramisra written/authored/edited by G.C. Sarkar', published in the year 1986. The ISBN 9788121200165 is assigned to the Paperback version of this title. This book has total of pp. 301 (Pages). The publisher of this title is Gyan Publishing House. This Book is in English. The subject of this book is Police / Criminology / Law. Size of the book is 13.34 x 21.59 cms Vol:-