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[ Pobierz całość w formacie PDF ] five years of age is not eligible (78). O Kalika! if a brother adopts his brother's son, then the brother adopting becomes the father, and the natural father becomes the uncle of the boy so adopted (79). He who inherits the property of another should observe the Dharmma of the person he inherits; he should also follow his family custom and please his kinsmen (80). In the case of the death of kaninas, golakas, kundas, and persons guilty of great sins, there is no uncleanliness to be observed, and they are not qualified to inherit (81). In the case of the death of a man who has been punished by castration, or of a woman who has been punished by the cutting of her nose, or of persons guilty of very great sins, there is no period of uncleanliness to be observed (82). The King should for twelve years protect the family and property of those of whom no news is known, and who have disappeared without any trace of their whereabouts (83). On the expiration of twelve years the image of such a person should be made with kusha grass and cremated. His children and others should observe a period of uncleanliness for three days, and liberate him from the condition of a Preta (84). The King should then divide his property among the members of his family in their order, beginning with the son; otherwise he (the King) incurs sin (85). The King should protect the man who has no protector, who is powerless, who is in the midst of adversity, because the King is the Lord of his subjects (86). Kalika! if the man who has disappeared returns after the lapse of twelve years, then he shall recover his wife, children, and property; there is no doubt of that (87). Chapter 12 - An Account of the Eternal and Immutable Dharmma 158 Mahanirvana Tantra (Tantra of the Great Liberation) Even a man is not competent to give away ancestral, immovable property, either to his own people or to strangers, without the consent of his heirs (88). A man may, at his pleasure, give away self-acquired property, be it movable or immovable, and may also give away ancestral movable property (89). If there be a son or wife living, or daughter or daughter's son, or father or mother, or brother or sister, even then one may give away self-acquired property, both movable and immovable, and inherited movable property (90-91). If a man gives away or dedicates such property to any religious object, then his sons and others cannot affect such gift or dedication (92). Property dedicated to any religious object should be looked after by the giver. The latter is, however, not competent to take it back, because the ownership of such property is Dharmma (93). Ambika! the property or the profits thereof should be employed by the dedicator himself, or his agent, for the religious object to which it was dedicated (94). If the proprietor out of affection gives away half his self-acquired property to anyone, then his heirs shall not be able to annul the gift (95). If the proprietor gives half his self-acquired wealth to any of his heirs, in such a case the other heirs shall not be able to avoid such gift (96). If one of several brothers earns money with the help of the paternal property, then, while the other brothers are entitled to proportionate shares of the paternal property, no one but the acquirer is entitled to the profits (97). If one brother acquires ancestral property which was lost, then he shall receive two shares, and the other brothers shall together receive one share (98). Religious merit, wealth, and learning are all dependent on the body, and inasmuch as this body comes from the father, then (in such sense) what is there which is not paternal property? (99). If whatever men earn, even when separate in mess and separate in property, is to be considered paternal property, then what is there that is self-acquired? (100). Therefore, O Great Devi! whatever money is earned by one's own individual labour shall be self-acquired; the person acquiring it shall be the owner thereof, and no one else (101). O Devi! the man who even lifts his hand against his mother, father, Guru, paternal and maternal grandfathers, shall not inherit (102). The man who kills another shall not inherit his property; but the other heirs of the person killed shall inherit his property (103). Ambika! eunuchs and persons who are crippled are entitled to food and clothes so long as they live, but they are not entitled to inherit property (104). Chapter 12 - An Account of the Eternal and Immutable Dharmma 159 Mahanirvana Tantra (Tantra of the Great Liberation) If a man finds property which belongs to another, on the road or anywhere else, then the King shall, after due deliberation, make the finder restore it to the owner (105). If a man finds property, or a beast of which there is no owner, then the finder becomes the owner of the same, but should give the King a tenth share of such property or beast (or of the value thereof) (106). If there be a competent buyer for immovable property, who is a near relation, then it is not competent for the owner of the immovable property to sell the same to another (107). Among buyers who are near, the agnate and one of the same caste are specially qualified, and in their absence friends, but the desire of the seller should prevail (108). If immovable property is about to be sold at a price fixed, and a neighbour pays the same price, then the latter is entitled to purchase it and no other (109). If the neighbour is unable to pay the price and consents to the sale (to another), then only may the householder sell the property to another (110). O Devi! if immovable property be bought without the knowledge of the neighbour, the latter is entitled to have it upon the condition of his paying the price immediately he hears of such sale (111). Should, however, the buyer, after purchasing it, have converted the place into a garden, or built a house thereon, or if he has pulled down any building, the neighbour is not entitled in such a case to obtain the immovable property by the payment of its price (112). A man may, without permission, without payment, and without obstruction, bring under cultivation any land which rises from the water, which is in the middle of a forest, or otherwise difficult of access (113). Where land has been brought under cultivation by considerable labour, the King, since he is the Lord of the soil, should be given a tenth of the profits of the land, and the rest should be enjoyed by him who has reclaimed it (114). [ Pobierz całość w formacie PDF ] |