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DIGEST

OF

HINDU LAW,

ON

CONTRACTS AND SUCCESSIONS:

WITH A

COMMENTARY

BY JAGANNATHA TERCAPANCHANANA.

Translated from the Original SANSCRIT,

Br H. T. COLEBROOKE, ESQUIRE,

JUDGE OF MIRZAPORE, RESIDENT AT THE COURT OF BERAR,

AND MEMBER OF THE SOCIETY INSTITUTED IN BENGAL FOR INQUIRING INTO
THE HISTORY, ANTIQUITIES, THE ARTS, SCIENCES

AND LITERATURE OF ASIA.

IN THREE VOLUMES.

VOL. III.

CALCUTTA,

PRINTED AT THE HONOURABLE COMPANY'S PRESS,

LONDON,

REPRINTED FOR J. DEBRETT, PICCADILLY,

BY WILSON AND CO. ORIENTAL PRESS, WILD COURT.

875

BIBLIOTHS

REGIA

MONACENSIS.

CONTENTS OF VOL. III.

Page

CHAP. II. On the Distribution made by a Father in his Lifetime.--Affignment of maintenance to infants, &c. Grandfons entitled to the fhares of their fathers; allotment of fhares to them and to great-grandfons. Partition extends only to the fourth in defcent inclufive. Relation of Sapindas. Allotment of shares to wives, to mothers, to grandmothers, and to fifters. Prefent to a fuperfeded wife. Perpetual union of husband and wife. The father may give away at pleafure, or retain, property acquired or recovered by him; but over the landed patrimony the father and fon have equal dominion: it shall be therefore equally divided; but the father may reserve two fhares. Period when partition may be made. Cafe of a fon born after partition. Claim of a father on the acquisition of his fon. Any one of the coheirs may debar himself of a share. Allotment to one who is employed in the affairs of the family. Queftion on the payment of debts.

CHAP. III. On Partition among Brothers.-It should be made amicably, after the death of the mother. They participate equally in the affets and debts after the death of both parents. Greater portion of a virtuous brother. Allotment of a share

Equal partition of all

to a widow fuppofed to be pregnant.
property. Allotment to fifters for the expences of their nup-
tials. Allotment for the completion of the religious ceremonies
of brothers. A coheir need not. make good what he has ex-
pended during coparcenary. A double fhare of wealth acquired
is in general allowed to the acquirer. Diftribution among
brothers unequal in clafs. Sons inferior in clafs to their father
are excluded from the inheritance of certain forts of property.
Allotment to a natural fon by a Súdra
begotten in the inverfe order of claffes.
men of a different clafs is now prohibited.
gotten by a 'Sudra on his female flave...

A 2

woman, and to fons
Marriage with wo-
Claim of a fon be-

СНАР.

76

CHAP. IV. On Sons Legitimate and Adopted.

Twelve fons enu

Sect. I. On the feveral Modes of Filiation.
merated. Six are heirs to their fathers only fix are heirs to
collaterals alfo. An adopted fon has no claim on the family and
eftate of his natural father. Ceremonies neceffary to filiation;
adoption of fons limited to their fifth year. Difcrepancies in
the enumeration of fons.

....

Sect. II. On the Son begotten in lawful Wedlock. Definition of legitimate birth. ....

Sect. III. On the Son of an appointed Daughter.-Art. I. On the Rights of an appointed Daughter and of her Son. Each confidered as a fon. Their equal claim with a fon of the body. Appointment of a daughter to raife up iffue to her father. Allotments to different fons. A daughter's fon confidered as a grandfon in a male line.....

Art. II. On the appointment of a daughter to raise up a fon to her father. Form of an exprefs appointment. Implied appointment.....

Page

145

156

161

188

Sect. IV. On the Son begotten on an appointed Wife by a Kins
man neceffity of a legal appointment, and of ftrict adherence
to the forms enjoined. Question on his prior right of inheri
tance before the daughter's fon. Excluded in certain instances.
Confidered as fon of two fathers, he is heir of both. ........ 194
Sect. V. On the Son of concealed Birth. He is confidered as
fon of his mother's husband. An adulterine belongs to his na-
tural father, if known. Question on the claims of the husband
and of the natural father.....

Sect. VI. On the Son of a young Woman unmarried. He is
fifth in rank; confidered as fon of his maternal grandfather, or
as fon of his mother's fubsequent husband. .....
Sect. VII. On the Son by a twice-married Woman. He be-
longs to his natural father. Adopted fons become fo by a fic-
tion of law. ..

Sect. VIII. On the Son given. Power of parents to give away
a fon. Form of adoption. Queftion on the right of adopting
a fon, if a nephew be living. Adopted fons are entitled to at
maintenance, and fhall inherit if virtuous. Various forms of
adoption now forbidden, and this form only permitted.....
Sect. IX. On the Son bought. The right of fucceffion reftrict-
ed to fons equal' in clafs...

210

223

235

.. 273 Sect.

Sect. X. On the Son made by Adoption...
Sect. XI. On the Son felf-given.....

Sect. XII.

On the Son of a pregnant Bride. ....

Sect. XIII. On the Son rejected by his natural Parents..... Sect. XIV. On the Son by a Woman of the Servile Class . . . . . Sect. XV. On the various Sons already mentioned. The firft in rank takes the estate, and supports the reft. On failure of the first, the next in rank takes the heritage. Adopted fons are fubftitutes for true fons. Male offspring required for obfequies, &c.

CHAP. V. On Exclufion from Participation.

Page

276

278

279

280

283

... 284

Wives and daughters
Exclufion of fons born

Sect. I. On Perfons excluded from Inheritance. A vicious fon
or brother, an outcaft, a profeffed enemy to his father, an
eunuch, a leper, a madman, an ideot, an impoftor, and a man
born blind, deaf, or lame, are excluded, but entitled to main-
tenance, except the outcaft and his offspring. With the fame
exception, their fons inherit. Eight forts of leprofy. Obse-
quies of outcasts and lepers forbidden. Certain diseases are to-
kens of former fins. Impotence defined.
of excluded perfons must be maintained.
in the inverse order of claffes, or born of any illegal marriage.
Hermits are excluded. Divorce of a wife illegally espoused.
Exclufion of fpurious offspring. Separate claims of fons by
different hufbands. ....
Sect. II. On Things excepted from Partition. The acquifition of
fcience is not divifible; nor the gains of valour, &c. Acqui-
fition of learning defined. A parcener need not give up his
own acquired wealth. Property gained after inftructions re-
ceived in the family is partible. Distinction depending on the
ufe made of joint property. A gift from affectionate kindred
becomes exclufive property. When acquifitions are shared, a
double fhare is allowed to the acquirer. Participation of an
ignorant coheir in certain cafes. Gifts on account of marriage.
Of land recovered, a fourth part belongs to him who recovers
it. Acquifition of valour. The eldest shares his gains with
his younger brothers. Apparel, &c. not partible. A place of
facrifice, &c. muft not be divided. Mode of diftributing that
which must not be divided, or which is naturally indivifible.,
Rule refpecting female flaves.....

CHAP.

298

332

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