Verse 9.218

Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:

ऋणे धने च सर्वस्मिन् प्रविभक्ते यथाविधि ।
पश्चाद् दृश्येत यत् किं चित् तत् सर्वं समतां नयेत् ॥ २१८ ॥

ṛṇe dhane ca sarvasmin pravibhakte yathāvidhi |
paścād dṛśyeta yat kiṃ cit tat sarvaṃ samatāṃ nayet || 218 ||

After all the assets and liabilities have been duly distributed, if something be discovered afterwards,—all this must be divided equally.—(218)

 

Medhātithi’s commentary (manubhāṣya):

Through ignorance, after the property, more or less, has been divided,—if something is discovered, it shall be equally divided; and in what is discovered after the division, there shall be no ‘preferential share’ for the eldest brother.—(218)

 

Explanatory notes by Ganganath Jha

According to Nārāyaṇa, this verse applies also to debts discovered after partition.

This verse is quoted in Vivādaratnākara (p. 525)—in Parāśaramādhava (Vyavahāra, p. 382);—in Dāyakramasaṅgraha (p. 54)—in Nṛsiṃhaprasāda (Vyavahāra 37b);—in Vīramitrodaya (Vyavahāra 220a);—and by Jīmūtavāhana (Dāyabhāga, p. 345.)

 

Comparative notes by various authors

Yājñavalkya (2.126).—‘If after partition it is discovered that some properties have been in the exclusive possession of one or other of the co-parceners,—they shall divide all such properties again in equal shares.’

Kātyāyana (Aparārka, p. 732).—‘If any property had remained concealed at the time of partition, and is subsequently discovered, it shall be divided by the man in possession among his brothers.—If the partition is found to have been wrongly made,—or if such properties are subsequently discovered as have been in the possession of one or other of the co-parceners,—or if some property that had been lost is recovered,—they shall make another division.’

Bṛhaspati (25.96).—‘When the loan or mortgaging of a joint property is concealed with a fraudulent purpose, the King shall recover it from the cheat by artifice, but not use violence to extort it from him.’