A Compendium of the Punjab Customary Law, Volume 1

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"Civil and Military Gazette" Press, 1911 - Customary law - 240 pages
 

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Page 50 - Among the subordinate landholders all sons are considered entitled to equal shares of their father's holding, but in practice they seldom divide, and live on with wife, land, house and chattels in common. When asked to defend this repulsive custom of polyandry, they say that their holdings are too small to divide, and that experience shows them that it is impossible for two sisters-in-law, with separate husbands and families, to live together, whereas two or more brothers with a common wife can agree.
Page 208 - a residuary interest in all the descendants of the first owner, however remote and contingent may be the probability of some among such descendants ever having the enjoyment of the property'.
Page 85 - A son adopted, in the form so briefly noticed in the present section, does not lose his claim to his own family, nor assume the surname of his adoptive father : he merely performs obsequies, and takes the inheritance.
Page 210 - Fr., to happen], a species of reversion : it is a fruit of seigniory, the lord of the fee, from whom or from whose ancestor the estate was originally derived, taking it as ultimus fueres upon the failure, natural or legal, of the intestate tenant's family.
Page 218 - If any one in the village should die without sons, his wife, female children, divided parents, brothers and their children, and any kinsmen and relatives of the same gotra who might survive, should take possession of all his property, ie, bipeds, quadrupeds, coins, grains, house and field. If none such should survive, the authorities of the village should take the property as Dharmadeya grant.
Page 84 - In Hindoo law there is no such thing as a true Will. The place filled by Wills is occupied by Adoptions. We can now see the relation of the Testamentary Power to the Faculty of Adoption, and the reason why the exercise of either of them could call up a peculiar solicitude for the performance of the sacra. Both a Will and an Adoption threaten a distortion of the ordinary course of Family descent...
Page 49 - ... father could transfer with the land to the son. In the same way two or more brothers of this class live on together, often with a wife in common, till one or other, generally the weakest, is forced out to find a subsistence elsewhere. Working for food or wages...
Page 185 - Secondly, it wholly denies the doctrine that property is by birth, which is the corner-stone of the joint family system. Hence it treats the father as the absolute owner of the property, and authorises him to dispose of it at his pleasure.
Page 77 - Singhs, is by bhaeebund and choondabund. The first being an equal distribution of all lands, forts, tenements, and moveables, among sons, with, in some instances, an extra or double share to the eldest, termed " khurch sirdaree," assimilating to the double share in the law of Moses.

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