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Women In The Sacred Laws
Kulapati's Preface The Author
Foreword Prologue
The Dharma Sutras Contemporary Evidence
The Manu - Samhita The Later Law-Books
Digest On Hindu Law Espirit Des Lois
Major Sections

ESPRIT DES LOIS

Joint family system is a peculiarity of Hindu Law codes. It consists of persons descended from a common ancestor, related to each other through the male line. This system has no prototype in any other system of law. The basic principle is that a joint family is united not only in estate but also in food and worship.

The earliest Shastras do not envisage a joint family. Gautama advocates the division of the property after the father's death.19 Apastamba ordains partition of property even in the father's life-time. Joint family system as described in Dayabhaga combines the benefits of union with the advantages of self-determination. Here the father has absolute powers, unhampered by sons, and the coparceners are unhampered among themselves.

Here each member is at liberty to alienate his share by sale, mortgage or gift. Women are as much coparceners as men are. They are not dependent when their husbands die. They are still coparceners in their own rights and can claim actual partition from their husband's brothers.

The concept of joint family under Dayabhaga is far superior to that of Mitakshara. n the range of adoption, Hindu Law does not leave out a daughter. A daughter can be adopted. Nanda pandita, though conservative in other respects, has pleaded in his commentary for permitting the adoption of a daughter and his views have the weighty support of sacred texts.

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Women In The Sacred Laws
About Esprit Des Lois
Page1
Page2
Page3
Inscriptional evidence of Anuloma marriages: Pg.1
Inscriptional evidence of Anuloma marriages: Pg.2
Inter-racial marriages Pg.1
Inter-racial marriages Pg.2
Inter-racial marriages Pg.3
Inter-racial marriages Pg.4
You are Here! Inter-racial marriages Pg.5
Inter-racial marriages Pg.6
Inter-racial marriages Pg.7
Inter-racial marriages Pg.8
Inter-racial marriages Pg.9
Inter-racial marriages Pg.10
Inter-racial marriages Pg.11
Inter-racial marriages Pg.12
Inter-racial marriages Pg.13
Inter-racial marriages Pg.14
Inter-racial marriages Pg.15
Inter-racial marriages Pg.16
Notes

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