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rights of hindoos
to the property, according to the Mitakshura; and the former, according to the Dayubhagu.[1]
Fifth. A man, having a share of undivided real property, is not authorized to make a sale or gift of it without the consent of the rest of his partners, according to the Mitakshura; but according to the Dayubhagu, be can dispose of it at his free will.[2]
Sixth. A man in possession of ancestral real property, though not under any tenure limiting it to the successive generations of his family, is not authorized to disppse of it, by sale or gift, without the consent of his sons and grandsons, according to the Mitakshura; while, according to the Dayubhagu, he has the power to alienate the property at his free will.[3]
- ↑ Mitakshura, Ch. II. Sec. v. (beginning with the phrase, “If there be not even brother’s sons, &c.) Art. 4. “Here, on failure of the father’s descendants [including father’s son and grandsons], the heirs are successively the paternal grandmother, the paternal grandfather, the uncles and their sons.” Dayubhagu, Ch. XI. Sec. vi. Art. 8. “But, on failure of heirs of the father down to the great-grandson, it must be understood, that the succession desolves on the the father’s daughter’s son, [in preference to the uncle.”]
- ↑ Mitakshura, Ch. I. Sec. i. Art, 30. “The following passage, ‘separated kinsmen, as those who are unseparated, are equal in respect of immoveables, for one has not power over the whole, to make a gift, sale or mortgage,’ must be thus interpreted: among unseparated kinsmen, the consent of all in indispensably requisite, because no one is fully empowered to make an alienation, since the estate is in common; but, among separated kindered, the consent of all tends to the facility of the transaction, by obviating any future doubt, whether they be separate or united; it is not required on account of any want of sufficient power in the single owner, and a transaction is consequently valid even without the consent of separated kinsmen.” Dayubhagu, Ch. II. Sec. xxvii. “For here also [in the very instance of land held in common] as in the case of other goods, equally exists a property consisting in the power of disposal at pleasure.”
- ↑ Mitakshura, Ch. I. Sec. i. Art. 27, “Therefore, it is a settled point, that property, in the paternal or ancestral estate,
