A Digest of Hindu Law; From the Replies of the Shastris in the Several Courts of the Bombay Presidency. with an Introduction, Notes, and an Appendix. Edited by Raymond West and Johann Georg Buhler Volume 2

A Digest of Hindu Law; From the Replies of the Shastris in the Several Courts of the Bombay Presidency. with an Introduction, Notes, and an Appendix. Edited by Raymond West and Johann Georg Buhler Volume 2

By (author) 

List price: US$14.14

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1869 edition. Excerpt: ...seem, that he ought to be held liable for any ascertained portion of the share which he might have made away with. Hence the absconded son ought not to receive a share of the Its. 1,200, since the portion of the Rs. 1,800 which he must be supposed to have made away with, amounts to more than his own share. The liability of the fraudulent coparcener to make good any ascertained portion of fraudulently concealed property, is laid down explicitly. Colebrooke, Mit. Chapter I. Sec. IX. paras, 1--3; Mayukha, Chapter IV. Sec. VII. para. 24. The rule extends to fraudulent or unjustifiably extravagant expenditure during the state of union. See Colebroke, Dig. Bk. V. Chapter VI. Text 373. In regard to the last point it ought, however, to be borne in mind, that a proportionately large expenditure on the part of one brother ought to be proved to have been clearly ' dishonest.' Otherwise it cannot be deducted from his share. The Viramitrodaya, /. 220, p. 2, I. 5, says on this point: ---rrer- u " In order to show, that (one brother) ought not to say of the (other), 'He has consumed (too) much, whilst we were undivided, ' and that the king ought not to allow (the others) to take (back) that which may have been consumed (in excess of his portion by one of them), the same (author, Katyayana) says: ' He shall certainly not cause to be paid back property, which the brothers consumed, while living in union.' The bearing (of this text is); that enjoyment (of the common property) in unequal proportions cannot be forbidden, because it is unavoidable." The same remark applies to the second son, if it can be proved that he really participated in the fraud. The proper division of the recovered Its. 1,200, therefore, seems to be one in equal shares...show more

Product details

  • Paperback | 44 pages
  • 189 x 246 x 2mm | 95g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236655036
  • 9781236655035