পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/১৩৯

VYAVASTHA*IDARPANA. 13 There are only two periods of partition rightly declared : one, when When right to pa the right ceases by the owner's degradation for his sins, disregard of tion arises. temporal matters, or actual death ; the other, by the choice of the father, while liis right still subsists.–Coleb: Dá. bhá. Ch. I, p. 20, para. 44. It is thus established that two periods exist for the partition of father's property. The same periods also exist for the partition of a paternal grandfather's property, only with this difference that the choice of the father should be dependent on the cessation of the mother's (and step mother's) catamenia. t This will be fully explained in the Chapter treating of partition. q v. In truth, the sons at (each of) these two periods become entitled to partition, as is expressly laid down by Raghunandana—" If the right of property be annulled by death or by degradation, or by the quitting of the condition of a householder, the sons are entitled to patition ; and so they are even though the right of property remain, if the father be devoid of wish to keep property which pertains to him # Dáyatatwa p. 3. But Raghunanduna, a modern compiler respected in Bengal, having in his Tithitatna fixed the date of the death of missing persons according to the text of Jama or Yana quoted under Wyarastha No. 6, it has been the practice of the Hindus of this country to account and treat missing persons as dead immedieately on the expiry of twelve years from the date of their last trustworthy tidings, without any question of age or relationship. Sir Thomas Strange has quoted (and he is followed by Sir William Macnaghten) from Nirnaya-Sindhu merely what is therein given from Grijhyukáriká, and has stated that to be the opinion of the author of Wirnaya-Sindhu. This however is not the case : the author of Nirnaya-Sindhu has expressed no opinion of his own ; he has merely quoted the different opinions of the sages and compilers, as is manifest from the quotation above givem in totidem verbis. The same learned English writers say: “according to some authorities, the term of twelve years applies to nGing persons whose age exceeds sifty years; for all under that gಿ, the term allowed for re-appearance is twenty four years.” But I find no authority which prescribes twenty four years for the re-appearance of a missing person of any age. t Vide W. Dá. Cra. Sang. Ch. IV, p. 91, para 1. Coleb. Dá. bhá. Ch. 1. para. 45, Ch, II. para 1. { See Coleb. 1/4. bhá Ch I. Note 88. - Ꭰ