establish his assertion by evidence as to how he acquired it, and that
he did so "without using the patrimony." The accounts of the family are
kept by the manager, who is usually the eldest male, and he also
generally manages the property. But he is assisted and controlled by the
other members of the family. No separate account is kept of what each
member contributes or receives. The expenditure on behalf of the various
members of the family is scarcely ever equal, but this inequality
creates no debt between the members of the family. If any one Is
dissatisfied he can protest, and if his protest is not listened to,
there is only one remedy--he can demand a partition. The powers of the
manager are those of an agent: it is very rare to find them formally
expressed, and they must be gathered from the usual course of dealing,
either amongst Hindus generally, or in the particular family to which
the manager belongs; and it is the custom for all the adult male members
of the family to be consulted in matters of serious importance. The
alienation of land is always looked upon as a matter of special
importance, and, except in cases of urgent necessity, requires the
express assent of all the members of the family.
Partition.
If any member of a Hindu family who is one of the co-owners wishes for a
partition, he can demand one, there never having been any compulsion on
the members of a Hindu family to live in common. Of course in a
Dayabhaga family there can only be a partition as between brothers, or
the descendants of brothers; between a father and his sons there can be
no partition, the sons not being owners. The father may, if he chooses
to do so, distribute the property amongst his sons, and he sometimes
does so; but this is a distribution of his own property, and not a
partition. The father can distribute the property as he pleases. But the
absolute power of the father in this respect has only been recently
established. It used to be thought that, if the father made a
distribution, he must give to each of his sons an equal share. It is now
settled that the father is absolute. Under the Mitacshara, the ownership
being vested in the father and sons, there can be a partition between
father and sons, and the sons can always insist that, if a partition is
made, their rights shall be respected. Whether, under the Mitacshara
law, the sons have the right to demand a partition in opposition to
their father has been much disputed. It is now generally considered
that the sons have such a right.
Public-domain text, read in full here on John Shaqi.
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