VYAVASTHA?.IDARPANA. 655 I. The text of WYA^sa. Ante, p. 627. II. But if the family cannot be supported without selling the whole immovable or other property, even the whole may be sold or otherwise disposed of. Dí. bhá. p. 30. 372 If, by reason of being unable to preserve or manage, or of any other justifiable cause, a wrom un muke over the property inherited by her to the next rever sioner, the transfer is good and valid. 373 Wherever a long existing usage is prevalent, there the making over of property in conformity to that usage to a certain heir, to the disinherison of the rest, assumes the character of a fit gift and is held to be a valid one. 絮 For usag” or custom is a branch of the Hindu law, which, wherever it obtains, supersedes the general maxim of the law. See the chapter treating of usage, ante, pp. 303—315. 37.4 A raj or principality appears to be indivisible according to the immemo e جمیے = rial custom of the countly : the eldest succeeds to the entire raj; unless he be unfit, when the next qualified brother would succeed.” I. This is manifestfrom the words of Baolmiki, put in the mouth of Manthara when addressing (queen) Koikei". “It is not that all the sons of a king enjoy the kingdom : one amongst many sons is vested with the raj, (for) if all the sons be in (possession of) the raj, great disorder shall ensue; therefore, spotless beauty, kings give their kingdoms (respectively) to their eldest or soune other well qualified of their sons, which eldest sons (respectively) deliver their kingdoms
- Jagannath and Kripa ram pandits assigned six reasons regarding validity of the gift of the entire zemindaree of Nuddea by the reigning raja to his eldest son. The last of which reasons is that ‘a principality may lawfully and properly be given to an eldest son. Sir William Macnaghten says : “'The last reason assigned is doubtless correct, and taking a zemindaree in the light of a principality, is applicable, and would alone have sufficed to legalise the transaction. A principality has indeed been enumerated among things impartible.” Macn. H. L. vol. 1. p. 7.
In the succession to principalities and large landed possessions, long cstablished Koolachar will have the effect of law, and convey the property to ono son to the exclusion of the rest. It has been stated by Mr Colebrooke, in a note to the Digest (Vol. II. p. 119) that the great possessions, called zemindarees in official language, are considered by modern Hindu lawyers us tributary principalities. Macn. II. L. vol. 1. p. 18. o This custom by which the succession to landed estates invariably devolves on a single heir, without a division of the property, has been recognised and deelared legal by Regulation, 19 of 1800, a. formal enactment was not perhaps necessary as far as the 'Hindu law is concerned, that law itself providing for exception to its general rules, declaring that particular customs shall supersede the general law. Note to the Čase of Raj Koomar Basdeb Singh v. Rajah Rooder Singh Bahadoor. February 27th, 1846. s. 3D. A. R. vol. VI. p. 41. Authority Vyavasthaf Vyavasthá Reason Vyavastha^
