Hindu Law and Judicature Part 6

(II) "A daughter's son."[193]

(III) "A wife's son," is a son begotten by

a relative[194] [of the husband] or by another [duly authorised].

129 (iv) "A son of hidden birth," is one brought forth in private, in the [husband's] dwelling.[195]

(v) "A girl's son," is one born of an unmarried girl;[196] he is considered the son of the maternal grandfather.

130 (vi) "A son of the twice-married," is one born of a woman [by a second marriage], whether she be [at the time of that marriage] a maid or not.[197]

(vii) "A son by gift," is one who is made a gift of, either by his father or his mother.[198]

131 (viii) "A son by purchase," is one sold by his parents.[199]

(ix) "A son made," is a son [born of parents deceased,] selected by any one for himself.

(x) "A self-given son," is one who has given himself [as a son to another.][200]

(xi) "A son with the bride," is one of whom the mother is already pregnant [by another than her husband] when she marries.[201]

132 (xii) "A deserted son," is one adopted upon being forsaken [by his own parents.[202]]

The first in order that there may be, of the sons above described, shall present the oblation cake[203] and take the inheritance.[204]

133. Such is the rule enjoined by me for sons where there is equality of cast. Even the son begotten by a Sudra, on a slave-woman, shall have such share as [the father] may allot.[205]

134. [But if there be no part.i.tion till] after the father's death, then the brothers [born in marriage] are to a.s.sign him half a share: if there be no brothers nor daughters' sons, he then takes the whole.

135, 136. If a man depart this life without male issue; (i) his wife, (ii) his daughters, (iii) his parents,[206] (iv) his brothers,[207] (v) the sons of brothers,[208] (vi) others of the same _gotra_,[209] (vii) kindred more remote,[210] (viii) a pupil, (ix) a fellow-student[211]--these succeed to the inheritance; each cla.s.s upon failure of the one preceding. This rule applies to all the casts.

137. The heirs of a hermit, of a religious ascetic, of a professed _brahmachari_,[212] are successively, the preceptor, the disciple, and an a.s.sociate dwelling in the same religious retreat.

138. One reunited[213] shall take the portion of his deceased reunited co-sharer, and shall give it up to a [son, if one be afterwards]

born.[214] This is always so with uterine brothers.

139. A reunited half-brother shall take the property; not a [separated] half-brother: but a [uterine brother] whether reunited or not, shall take; this not being so with the half-brother.[215]

140. An impotent, an outcast as well as his son,[216] a cripple, a madman, an idiot, one blind, one incurably diseased, and such like,[217] are to be maintained, but do not share in the inheritance.

141. The _aurasa_ sons of those [disqualified] persons, also their wives' sons,[218] if themselves free from defect,[219] succeed to shares; and their daughters[220] are to be maintained until provided with husbands.

142. [So] their childless wives shall be maintained, if of good conduct; but shall be cast off, if of vicious habits, or of an evil nature.[221]

143. What has been given [to a woman] by her father, her mother, her husband, or her brother, or received by her before the nuptial fire, or on occasion of her husband's marriage with another wife, and such like,[222] is called _stridhana._

144. Gifts from her kindred, from the bridegroom [before marriage], also subsequent gifts, descend to her own kindred, should she die without issue.

145. The _stridhana_ of a wife dying without issue, who has been married in one of the four forms of marriage designated _brahma_ &c.,[223] belongs to the husband; if she have issue, then the _stridhana_ goes to her daughters; should she have been married in another form,[224] then her _stridhana_ goes to her parents.[225]

146. Whoso withholds his daughter,[226] after having promised to give her [in marriage], shall be amerced, and shall reimburse all expenses incurred with interest. If she die [after being affianced] he [_i. e._ the bridegroom] shall receive back what he has given, deduction being made for the expenditure on both sides.

147. A husband need not return to his wife _stridhana_ appropriated by him, during a famine, or in order to perform sacred rites,[227] or when suffering from disease,[227] or when in prison.[227]

148. If he marry another wife, he shall give to the one he has, as a consideration for superseding her, should she not already have received _stridhana_, what is equivalent [to his gifts on the second marriage]: but, should she have already received _stridhana_, then, it is declared, [she is ent.i.tled to only] half the amount.[228]

149. If the fact of a part.i.tion be denied, the matter shall be ascertained by [reference to] relatives, near or remote, witnesses, and writings, also [by enquiry as to] separate possession of messuage and land.[229]

150. When there is a dispute as to boundaries, the neighbours of the [disputed] land, old men and the like,[230] cowherds, cultivators of the soil close to the [disputed] boundary, and all whose business is in forests--[231]

151.--these shall determine the boundaries, as they are indicated by elevated ground, by charcoal [-remnants],[232] by husks,[233] by trees, by a causeway, by ant-hills, by depressions of the soil, by bones, by memorials,[234] and such like.[235]

152. Otherwise,[236] four, eight, or ten neighbours of the same village, wearing a red wreath and red garments, and carrying earth, shall settle the boundary.[237]

153. And if any falsehood be uttered, upon each one [speaking falsely]

the monarch shall impose the medium fine.[238]

In the absence of any persons having knowledge of the matter, and of any indicatory signs, the monarch shall mark the boundary.[239]

154. The same rule applies to fruit-gardens, to out-houses, to villages,[240] to wells or tanks, to pleasure-gardens, and to dwellings, as well as to watercourses caused by the rain.[241]

155. If the boundary be broken, or be overstepped,[242] if a field[243] be taken away; the lowest, the highest and the medium fines shall be imposed.[244]

156. [Constructing] a useful dam, if it occasion but slight damage [to individuals], is not to be prevented; nor is a well[245] which takes from another's land, if having an abundant supply of water and not of large extent.

157. If one construct a dam in a field, without notice to the owner thereof, the right to use it, when complete, shall belong to the owner of the field: if the field be without owner, then the user belongs to the monarch.

158. Whoso fails to complete the cultivation of a field which he has partially ploughed, shall be made to pay [to the landowner] the value of the [expected] crop. He[246] shall complete the cultivation by means of another.

159. If a female buffalo spoil corn,[247] [her owner] shall be fined eight _mashas_,[248] if a cow, the half [of that sum]; if a goat or a sheep, the half of the latter.

160. If, after having grazed, they repose there, the fine shall be double what is above specified.

The same [rule applies] to land kept for pasture. An a.s.s and a camel are [in this respect] the same as a female buffalo.

161. There shall be an indemnity for the owner of the field equal in value to the corn destroyed.[249] The herdsmen shall receive a beating, but the cattle-owner be punished by fine, as before mentioned.

162. No guilt attaches[250] [to the cattle-owner,] if the field[251]

be close to the public road, or to the village pasture lands,[252] and he do not intend [the trespa.s.s]; if he do intend it, then he incurs punishment as a thief.

163. A bull, cattle permitted to be at large,[253] a cow that has recently calved, estrays,[254] and the like,[255] having no keeper or brought there by accident or by act of the monarch, shall be let go free.[256]

164. The herdsman shall, at the close of the day, give back the cattle, in the same manner[257] as they were delivered to him: if he be in receipt of wages, he shall replace such as have, through his negligence, died or been lost.[258]

165. If loss accrue by fault of the herdsman, he shall be fined thirteen _pa?as_ and a half, and shall make good the loss to the owner.

166. Pasture-ground shall be allotted for cattle, such as the villagers agree upon, or in proportion to the whole area of land, or as the monarch wills.