In modern times if a partition takes place everything belonging to the
family in common must be divided, even the idols. If there is only one
idol, then each member of the family will be entitled to a "turn of
worship," as it is called. It is, however, open to the members of the
family to make any special arrangements either for retaining any portion
of the property as joint, or as to the mode of carrying out of the
partition, provided they can all agree to it. It is remarkable that in
the Laws of Manu no such complete partition as can now be required is
prescribed. A list of articles is given of considerable importance of
which no partition could be claimed. In chap. ix. v. 219, it is said, "A
dress, a vehicle, ornaments, cooked food, water and female slaves,
property destined for pious uses and sacrifices, and a pasture ground"
are all declared to be indivisible. Land and the right of way to the
family house were also at one time indivisible. These things, therefore,
must have been used in common after partition had taken place, which
looks as if the family were not entirely broken up; and it is possible
that they inhabited several houses within the same enclosure, as is
sometimes seen at the present day. It is not always easy to subdivide
property amongst the sharers, especially where they are numerous; and
cases occur where a better division could be made by selling the whole
or a portion of the property, and dividing the proceeds. This could
always be done with the consent of all the sharers; and now by Act IV.
of 1893 of the governor-general in council it can be done with the
consent of a moiety in value of the sharers.
Rulers in India are apt to look upon their territories as private
property, but there is no instance on record of the succession to the
throne being considered as partible. On the contrary, in the families
which now represent the small mediatized princes, the family property is
frequently, by a special custom, considered to be impartible. The
property descends to the eldest male, the younger members of the family
getting allowances, generally in the form of temporary assignments of
portions of the family property.
Public-domain text, read in full here on John Shaqi.
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