A Digest of the Hindu Law of Inheritance Partition And Adoption volume 2
A Digest of the Hindu Law of Inheritance Partition And Adoption volume 2
Raymond West
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Remarks. — L If the property had been acquired by the father himself, he would, acccJt^ing to the ruling of Gangabai v. Vamnaji, (a) be at liberty to dispose of it at his pleasure, and, in this case, the donation to the widow would be legal, if it could be proved'. 2. The Sastri's opinion, that each of the sons is to have a share, even the eldest, who ran away, is not quite correct. For though, according to the Mitakshara and the Viramitrodaya, fraud practised by one of the co-sharers does not ...disqualify him from receiving a share, {b) still, it would seem that he ought to be held liable for any ascertained portion of the share which he might have made away with. Hence the absconded son ought not to receive a share of the Es. 1, 200, since the Rs. 1, 800 which he must be supposed to have made away with, amounts to more than his own share. 3. The liability of the fraudulent coparcener to make good any ascertained portion of fraudulently concealed property is laid down explicitly. (c) The rule extends to fraudulent or unjustifiably extra- vagant expenditure during the "state of union, {d) 4.
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