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IV. Property rights. Dayavibhaga prakarana. (Partition) Under the Dayabhaga law, father has absolute powers of property and has the right of his share on the property. VM states details of Vibhaga or partition as follows. It is the allotment to individuals of the particular portions of wealth of joint ownership. Partition can be affected in different ways. Among them the property inherited by a male from the ancestors like father, grandfather or grandfather's father will have all the characteristics of the Dayabhaga system. In accordance with 46 Ibid-page-108

266 Dayabhaga, persons entitled to share on partition are son, grand son and great grand son. Partition puts an end to joint family status. The partition as a process by which joint owner ship over the entire wealth is reduced to individual ownership. VM gives provision for additional shares for the eldest son. In modern law it has practically disappeared and the rule of equal division prevails. But after the father's death, the sons can make only an equal division. Manu says, the objects which are not allowed for partition are as follows - money gained from education, income from job, income gained from one's courageous activities, dowery gained from marriage, money obtained from agricultural activities, money given to a person due to affection. In the same manner if one person acquires ancestory wealth by force, he is not eligible to enjoy them. The wealth gained from education are of the following types -- money gained from education acquired from strangers, the reward given to the teacher- Gurudaksina, the money

267 obtained from participating in other person's yaga and doing religious activities or rituals, money gained from the teaching of Vedas etc. On other hand the person who is getting income out of education enjoing his ancestoral property has to devide his income commenly among all the members of his family. Katyayana says the above mentioned wealth gained from education may not be partitioned among the brothers who are not educated. If the persons are having education equal to one's status or more than that the wealth gained from education can be partitioned. Narada says the wealth gained from courageous activities, education, dowery, alms given by father etc are not eligible for partition. Brihaspati and Manu say the property of grand father or father, dowry gained from courageous activities or by force full means, wealth gained from work etc may not be partitioned without their consent. Before partition the clothes, ornaments, which is in written documents etc should not be partitioned. Water in the well, the path near the house etc should not be partitioned. In the same way if there are more than one servant they should be

268 given wages after sharing the work equally. In a family where the head of the family looks after all the affairs, and the educated members earnes wealth, that wealth should be given to the head of the family. If in a family the members are not educated and earns money from other jobs, that money should be divided equally among themselves. Vyasa says, vehicle or weapens bought by using ancesteral properties, should be devided among the family members. In this the person who bought the object should be given one more share. According to the Sastras the works or activities should be done by men and women. When they are living together and if the husband is in foreign country doing his job, the follwing things should be done --women should be kept at home - occasion for enjoying freedom should not be given to women. If the women are performing activities under their own leadership, they should be brought back from that by forceful means. The women should be looked after and protected in their child-hood by their father, in their adult-hood by their huband

269 after marriage, in their old age by their son. In the absence of above mentioned persons, they should be protected by scholars. There is no need for women to work indepentantly. In all periods women should be protected. If a woman is married to a the person W person whithout revealing the disadvantages of her, who brought up the girl should be fined according to Uttama sahasa. If a person abuses his wife who has not committed any guilt, should be fined 100 pana. After marriage if husband reveals wife's guilt, he should be fined 100 panas. Women should be careful not to make situation for mingling with other strange men. In the adult hood women should be brought under commands of elders and thus should be protected. This implies that women should not be left to do activities on their own accord. Wives should live according to the commands of their husbands. The children should be brought up such circumstances. After the birth of the child both wife and child should be protected by giving good medical care.

270 The children born out of illegal relation with other men have no effect. If the woman who is youthful, is living on her own accord without obeying her husband or relatives, should be brought in front of the villagers and should be exiled from the country on the charge that she has done fetiside. If the woman after ten yeas of marriage does not give birth to a child or fifteen or twelve years she can be abandened. This type of woman can be left for living separatly or can be married to some one. The woman who is always quarreling with her husband can be abandened. If the wife lives with another person apart from her husband should be kept in another house. Noble woman should always stand up when they see teachers and should respect and do rituals to them. The woman who stands every day infront of the house, the woman who is always looking at males and smiling at them, the woman who has dealing with the cruel person etc are not noble women. If the husband lives in foreign countries their wives should be set apart from entertinements

271 like game. The following matters should be consideredavoidance of make up, avoiding public gatherings, avoiding festivals or sight seeings, do not go to stranger's houses, do not travel in vehicles etc. After the death of husband, the wife should sacrifice her life jumping into the pyre of her husband. By this deed she will be considered equal to goddess Arundhati and will attain heaven. After the death of husband, the wife should not enter into another pyre created by her. If the funeral of the husband is done far away, the wife should take his chapels with devotion and care and thus should enter the fire. The woman who performed in this manner will get a place in heaven. Even though the husband is a cruel person and the wife has her own chastity, husband will attain heaven. The wife should follow or perform the above mentioned laws. The partition of the properties of parents by sons among themselves is called Dayabhaga. This is a term used in Vyavahara. Manu says after the death of the parents their

272 property should be devided among their children. The children should not claim the property of parents when they are alive. If the father does not have interest on his property, he can devide his property among his son when he is alive. On other hand the sons should not do partition of the wealth when the father is alive, without his conscent or by forcefull means. After the death of parents, the property should be devided among the sons. If the mother reaches old age, even though she is alive the property can be partitioned. At the time of partition if there are unmarried sisters in the home, they should be given their wealth. In the same way property can be partitioned even if the father is alive with his consent. The son who enjoy the property and spends it without the consent of father who is alive are eligible for punishments. If the brothers are living at home wants prosperity they should do household affairs with unity. If they are living together they will get prosperity in terms of money. If the object is the prosperity in spiritual affairs or deeds dealing with dharma the property should be divided equally

273 among sons and they should live separately by making their own houses. The ancestors say that if the brothers are living together there will be prosperity in terms of money and if they are living separately there will not be prosperity in deeds dealing with Dharama. It is because of the fact that when they are living together only one person will do rituals such as Devapuja, ah Brhamanapuja, Sradha and Bali. If the brothers are living separately in defferent homes, the above mentioned rituals will be done separately and there will be progress. Dharma and wealth must be do their own duties in separately. The ancestoral properties made by grand father, father etc, such as home,land, gold, silver etc, which are capitals can be enjoyed by sons after the life of their father. If the father is alive this property can be divided among father and sons. The judicial system was the king or wealthy men give charity to merchants per month the prescribed money on the basis of Dharma is called 'makama'.

274 There is a clause that the property can be divided among the sons and all with the concent of father even when he is alive. Manu says, if the sons are living together enjoying property commonly, the profit attained should be divided equally themselves. If the father reaches old age he should divide the property among his sons by himself. If the father leads immoral ways of life and the sons fear that the property will be ruined, the property can be partitioned without the concent of father. Brihaspati says, Father can partition his wealth to his sons in such a way that the eldest son will get more and the youngest will get less than that. All these should be accepted by the sons. Father has the authority to divide his wealth in his own accord. This clause comes under Dharmanyaya. There is no need to quarrel in this subject. The property got from father can be enjoyed and divided by the son in his own wealth. It is because of the fact that the eldest son is the person who frees from pitr-rna the dept of father after the death of father the eldest son will be the head of the family. He should partition the wealth to his youngsters.

275 Eldest brother should be considerd as eaqual to father. Yajnavalkya says, after the death of parents if the sons are dividing the property the dept of ancestors also should be divided equally. The money calculated for meeting the expenditure in life by the ancestors should also be equally divided and it should be shared to them. Yajnavalkya says, if the father and father's elder brothers are living together without partition of their wealth, sons can divide the share of father's wealth among themselves. The sons born to woman of equal status will have propery rights. The sons born to woman who are not noble will not have partitioned rights. If the brother's quarrel and one person expresses the mentality of miser, and not come for vyavahara, the other wealth should be partitioned. Brihaspati says, The son born in ignoble caste, not have property right. Only those persons who are entitled to perform pitrukarma will have property rights. Brihaspati says, just like the cow which is not conceived; the son who is born to other persons will have no benefit to his father. The sons of down-trodden,

276 hijaddas, handicapped persons, mad persons, the immature persons, blind persons, the persons with uncurable deseases etc will not have share in father's property. As the son of downtrodden posseses patitya dosa, he will not have share in property. The hijadas should be given clothes and food without disadvantagous by the sons of other children. Ksetraja means the sons born in one's wife by another. In kaliyuga, ksetraja sons are to be negleted. He will not have claim on father's property.. After the death of parents if sons are deviding the wealth eldest son's share should be kept apart for somebody. Unmarried sisters and the brothes who have not performed Upanayana, they should be given one fourth of the property. If there is only one brother and somany sisters, the brother should give one fourth of the share to his sisters commonly, if he does not give the share, he will be considered as downtrodden or Patita. When there is partition of common wealth doughters can take the ornaments and clothes used by their mother among themselves. At that time of the partition of fathers property, the

277 debt of father should be shared and the other wealth should be equally taken. The expences for rituals such as Srardha and Bali after the death of father should be set aside from the common property. If there are debts made by father, they should not be compensated by taking money set aside for rituals such as Balidravya. The home aquipments, animals, servants, other houses etc should be partitioned equally by the family members. If a family member takes possession of these items he should be made to under go Kosapana which is a trial for justifying truth. Stridhana - dowery. Dowery is of six types-such as Adhyagni, Adhyahavanika, pritidatha, dowery given by brothers, by mother and by father. Apart from these the ornaments given as presents, currency etc given by husband will also be considered as dowery. Katyayana says, the dowery given at the time of marriage, fire as witness is called Adhyagni. The dowery gained from father in the presence of her relatives is called Adhyahavanika. The wealth or money given by the husbands or the wealth given to

278 daughter-in-laws due to affection is called pritidatha. The dowery given by brothers, mother and father to the bride after marriage is called Soudayika. The dowery obtained from relatieves apart from husband or husband's family is called Anvadheya. The equipments of the house which is received as dowery, ox, horse,cow, ornaments, servants, capital etc are called Sulka. The ornaments given by husband to wife can be enjoyed by her, even after the death of her husband. When the husband is alive she can keep them herself or can be given to husband's family for security. On the dowery, received by woman, her husband, son, father, brothers etc will not have any claim. If the above mentioned persons such as husband take the dowery of the woman,that should be returned along with interest from the date itself. If one person enjoys dowery with the consent of woman and if he becomes wealthy, he should return the dowery. Yajnavalkya says, at the time of scarcity of Dharma, at the time of desease, at the time of imprisonment, quarreling or if the husband spent the

279 dowery of his wife, and if he does not wish to return it, he is punishable. spend thrift, Katyayana says, woman without shyness prostitutes, the woman who does contradictory things etc has no freedom on her dowery. Yajnavalkya Says, If father face to give the agreed amount of dowery, due to his death, his sons should give the dowery to his sisters. If the woman who recieved dowery passed away, her daughters, her grant daughters and grand sons have rights over the dowery respectively. If there are no children, the husband or relatives can claim right over the dowery.