VYAVASTHAT IDARPANA 25 But if there be a kuláchár, i.e. usage in the family continuously observed for many generations, that constitutes an exception to the general rule of the law. The sons may deduct in the first place unequal portions (as the eldest one-20th, the middle one-40th, and so on; see Partition) and then divide the residue equally; or the estate may be divided according to the number of the wives (of the former owner) without reference to the number of the sons borne by each (a distribution technically termed patnita-bibhāga); or the eldest or other brother qualified may singly take the landed estate. See the Section treating of custom and usage. With respect to a rāj or principality,” the universal custom has been to preserve it entire. The eldest succeeds unless he be unfit, when the next qualified brother would inherit: in any case the succession is single. This appears from the words of Balmiki put in to the mouth of MANT HARA , when addressing Koikei –“ Charming (queen) it is not that all the sons of a king enjoy the kingdom : one amongst many sons is invested with the rāj, (for) if all the sons be in (possession of) the rāj great disorder shall ensue ; therefore, spotless beauty kings give their kingdoms (respectively) to their eldest, or some other well qualified of their sons, which eldest sons (respectively) deliver their kingdoms entire to thcir eldest sons, not to their own brethren. Thus, your som shall not have much reverence, but as a helpless one, shall be destitute of enjoyment, nor shall he be longer reckoned a member of the ever-enduring royal race.” Ramdiyana, Ajoddhyākānda. Even now it is seen in practice, that entire kingdoms are severally held by one prince, although he have brothers. Coleb. Dig. Vol. II. p. 119. 10. In defaults of the son, the grandson takes the inheritance; failing him, the great-grandsons. 11. The grandson whose father is dead, and the great-grandson whose father and grandfather are dead, are entitled to inherit equally with the (late proprietor's remaining) son; for they equally confer benefits on the deceased by presentation of the oblation-cake at the Päravana Sráddha§.
- Mr Colebroke observes in a note to the Digest (Vol. II. p. 119), that the great possessions called Zemindarees in the official language, are considered by modern Hindu lawyers as tributary principalities.
In the last of the six reasons assigned by the two distinguished pandits Jagannāth and Kripá Rám in their vyavasthi delivered in the case of Ioshān Chandra Rāy versus (Rājā) Ishwar Chandra Ráy (S. D. A. R. Vol. I. p. 2) a large Zemindaree has been taken in the light of a principality. See Macn. H. L. Vol. I. p. 7. + The expressions default and death embrace all the circumstances which cause extinction of right. See p. 11.
- Dáyatatwa pp. 11, 51; Coleb. Dá bhá. Ch. III. Soct. 1, para. 18; Sect. 2, para. 21 & 23; Ch.
XI. Sect. 6, para. 29.-Coleb. Dig. B. V. Text 80, (Vol. III. pp. 9, 10). Maen. H. L. vol. 1. Ch. II. p. 18. Elb. In. Sect. 158. § Páravana Sráddha is the offering of a double set of oblations at the parva, viz. three cakes to the - father, paternal grandfather, and great-grandfather, and three to the maternal grandfather, his father and grandfather ; and the remnants of each set to the three remoter ancestors of each line. The fourteenth and eighth days of each half lunar month, the full moon and new moon, also the time of the sun's entering on a new zodiacal sign, these, O great king, are (called) “parva.” Sriddhatatwa. G Vyavast há. Vyavastlıá. Reason.
