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Mother’s Share at a Partition under Mitakshara Law

By B. Sivaramayya

Published In

Air 1963

After the recent enactments codifying certain topics of Hindu Law, Mulla’s ‘Principles of Hindu Law’ is increasingly relied upon, and rightly so, by the legal practitioners, law teachers and students. It is, therefore, in the interest of every one to see that it should be thoroughly dependable.’ The present note is written with that humble object in view. It is stated in Section 316 (4) 1 dealing with Mitakshara law of partition in the North : (“On a partition between sons by different mothers when more than one mother is alive, the rule is first to divide the property into as many shares as there are sons, and then to allot to each surviving mother a share equal to that of each of her sons in the aggregate portion allotted to them.”) To the above proposition the following illustration is given : 2 (“A dies leaving two widows, B and C, two sons by B, and t ....

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