Publisher's Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 edition. Excerpt: ... CHAPTER XVI. ON THE EVIDENCE OF PARTITION, 1. Yajfiavalkya: --" When partition is denied, the fact of it may be ascertained by the Yajnavalkya specifies the....., evidence of partition where evidence of kinsmen, relatives, and de' witnesses, and by written proof, or by separate possession Yautakyh of house or field." (1) 2. Yautakyh Possessing separately. The expression The passage applicable "When partition is denied," used in also to collateral questions the text, includes also the collateral arising out of the fact of a .. partition. Passage of Nare-questions arising Out of the fact of da on the subject., a p Hence, Nareda: --" If a question arise among co-heirs in regard to the fact of partition, it must be ascertained.by the evidence of kinsmen and by the record (2) of the distribution, or by the separate transaction of affairs." 3. Where a question arises as to the truth of the parti tion itself, as Jby saying "No parti Exposition of the passage., tion took place among us, or as to the truth of a collateral circumstance connected with the partition, as by saying "The partition was made but not of the whole property," the fact is to be determined by the evidence of kinsmen, i. e. co-heirs and the like, and by the written deed of partition, or by inferences to be drawn from separate transaction of affairs, &c. (4). Vide Judgment of the High Court in B. A. No. 44 of 1865, in which they have ruled that actual seisin of the divided property is not necessary to constitute division; and that an agreement to divide is, in itself, sufficient to hold the parties divided, whether the property was actually divided or not--HI M.H.C.R. 40. (2). There is another reading of this passage: Bhogalekhyena "-by occupancy or by a writing, .."."
