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THE JAINA LAW
 
Meri Bhavna
 
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Padampura / Padamprabhu ji
 
Paithan Jain Tirth, Aurangabad
 
Shirad Shahapur Jain Tirth
 THE JAINA LAW

JAINA LAW

 
Law should be known for living in this world. Dharma is of two kinds; first is that for layman, involving the householder. Second is that for ascetics. These are founded on the principle of increasing purity. In Bharatvarsha, in kosala Country, in Saketa (Ayodhya) Rishabhadeva, the lord of Jinas was born. The Laws for Karma Bhumi were preached by HIM. His son Bharata Chakravarti, the king of kings, laid down the rules of conduct, charity, punishment, inheritance and partition. This SAMHITA being arranged by Vasunandi Indranandi, is authoritive.
 
 ADOPTION AND SON-SHIP

Adoption among the JAINAS is not made for spiritual welfare. The Presence of a son does not make a man spiritually meritorious. However, if there is no son, a person can take a boy in adoption. Even the widow may adopt, even the widowed dauther-in-law is fit one to adopt, provided that she is in possession of an estate. If the adopted boy dies unmarried, no one can make an adoption to him. In such case his widowed mother would succeed to the estate as absolute owner.

The first-born son should not be given in adoption. The adopted son should not be older in age to the adoptive mother. Any boy belonging to the husband's family may be adopted. The adoption of a daughter's and sister's son is also permitted. While making adoption, a document should be executed and registered. Actial giving is necessary for adoption. The adopted boy is like the natural son. During the life-time of parents, the adopted son has no right to part with the property of the family. If the adopted son is unworthy, he may be dis-affiliated. If a natural son is born after adoption, the adopted son should be given a quarter of the property.


 PROPERTY

It is recommended that the immovable property should be kept undivided in as much as it is a source of respect and status. Only the ancestral property is liable to partition. Self-Acquired property and Stridhan are not subject to partition. The impartialble property of the father will devolve onto the eldest son alone. But the younger brothers engaged in the acquisition of knowledge should be given some portion out of self-acquired property. In the self-acquired property the sons have no right to claim a partition. After the death of parents, all the brothers may divide the property equally. During the life-time of the mother, her property can be taken by the sons only with her consent. The younger sons should treat the first born son as the father who will be responsible for their support and maintenance. The division of the ancestral property is to be made according to the number of the sons; the grandsons dividing amongst themselves the shares of their respective fathers equally. Between the Twins, the child first born is regarded as the eldest son. If a girl is born first and then a boy, even then the latter is regarded as the eldest borne son.

After the death of the father if a partition takes place, the mother is entitled to a share equal to that of the sons. During the life-time of the father the mother should be given one share at the time of partition. She becomes entitled to a share on the birth of a son. In the property left by the father after separation, the brother and the unmarried sister have equal rights. The allotment of a share to the sister is intended for her maintenance and provision for marriage. The widow of a deceased brother receives the share of her husband. Before partition all the borhters are considered joint. If after separation a brother is born who was in the mother's womb at the time, he will be entitled to a share. Over the ancestral property, the father does not possess the power of disposal. Without the conesent of the son, the father has no right to give away the family property to anyone. The son can not enforce the right of maintenance against the self-acquired property of the father, though after the attainment of a maturty it can be enforced against the ancestral property. The mother, the father, the brothers etc., all joining may transfer the property.

During the life time of the parents, the son has no right to alienate their or the grand father's property. With respect to his self-acquired property, the father has a right to make a WILL. after partition every co-parcener acquires the right to dispose of his share. The widow, too may deal with the property inherited form her husband in any way she pleases. But the widow of the grandson has no right of disposal over the property. A widow has the power of disposal over the self-acquired property of her deceased husband. A married daughter has no right in the property of her father in the presence of her deceased husband. A married daughter has no right in the property of her father in the presence of her brothers. An unmarried daughter is entitled to maintenance and provision for marriage. The cardinal principle of partition is that it should be made in accordance with the principles of righteousness..


 INHERITANCE

Under the JAINA LAW, females take the inheritance absolutely. The wife appeares in her full glory as the better-half in the JAINA LAW. Secondly, JAINA LAW, while not condemning jointness, recommends separation, so that there may be increase of Dharma (merit).

In the order of succession, the widow comes first before the son. The husband is the first heir of the property of the female, the next is the son. The son includes the grandson. The widowed daughter-in-law succeeds the estate of her husband. The son-in-law, the sister's son and the mother-in-law, too, is not an heir under the JAINA LAW. If a person dies leaving only a daughter, she will take the whole property of her father as the absolute owner and becomes the starting point of inheritance when she dies. The Stridhan property of the mother goest to the daughter, whether she may be married or unmarried. The Stridhan of an unmarried girl goes to her brother on her death. All disputes as to inheritance should be disposed of according to the JAINA LAW.


 STRIDHAN

Whatever is recieved at the time of the marriage by the bride is all her STRIDHAN. And after the marriage whatever is given to her by her father-in-law's family is also regarded as Stridhan. Stridhan is not liable to division at a woman is the absolute owner of her Stridhan and may give it away during her life to anyone. After the death of the absence of her daughter. If she dies childless, her Stridhan will go to her husband.


 MAINTENANCE

Generally all persons belonging to the family are entitled to maintenance out of the family property. The person in possession of the estate is bound to maintain those who are entitled to maintenance. Marriage expenses of the daughters of the family must also be met out of the family property. The daughters-in-law are also entitled to maintenance, provided that their husbands are joint.


 GUARDIANSHIP

It is the duty of the elder brother to act towards the younger brothers like a father. The guardianship of the sisters up-to the time of their marriage develpps, in the absence of the father, on their elder brothers. In the absence of the father and elder brother, the mother will be the guardian of the childeren. The JAINA LAW recognizes the right of a person to arrange for the management of his property by means of a testamentary appointment of a trustee who will protect his widow as wellas the estate


 
 
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