दायभागकथनम्The law of inheritance
Verse 107
स्थावरं धनमन्यस्मै स्थिते सान्निध्यवर्तिनि । योग्ये क्रेतरि विक्रेतुं न शक्तः स्थावराधिपः ॥ १०७ ॥
sthāvaraṁ dhanamanyasmai sthitē sānnidhyavartini | yōgyē krētari vikrētuṁ na śaktaḥ sthāvarādhipaḥ || 107 ||
Translation
While a fit buyer is living near at hand, the owner of immovable property may not sell it to another.
Word by word
- sthāvaraṁ
- immovable
- dhanam
- (dhanam) property
- anyasmai
- to another
- sthitē
- being
- sānnidhya
- near at hand
- vartini
- living
- yōgyē
- fit
- krētari
- a buyer
- vikrētuṁ
- to sell
- na
- not
- śaktaḥ
- (śaktaḥ) able
- sthāvara
- of immovable property
- adhipaḥ
- (adhipaḥ) the owner
Meaning
The right of pre-emption: neighbours have first claim on land offered for sale.
Commentary
Hariharānanda Bhāratī’s Sanskrit commentary, translated
But between a distant buyer and a fit buyer near at hand, to which may the owner of immovable property sell it? To that he says "sthāvaram" and the rest. While a fit buyer, one able to buy, lives near at hand (sānnidhyavartin, close by), the owner of immovable property is not able to sell the immovable property to another, a man living far off; he may sell it only to the one near at hand: that is the sense. Sānnidhya is the same as sannidhi (nearness), the suffix ṣyañ in its own sense by "caturvarṇādīnāṁ svārthe upasaṅkhyānam".