পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/১০৯

XLIX. n -- Page. he has a right only to the father's allotment; and if there be a son begotten after the partition, he is entitled to partake equally with him. S AAAA S S S CC SeeS SJS S S . . 493 190 Bolt, if property inherited from the grandfather, as land or the like, hays been di vided, he may take a share of such property, from his brothers. - ... ... 493 191 Consequently since the `ಚಟಂ is illegal, having been made under other circumstances, it ought to be annulled. . ... ......’’’’’’’’ ...”`့...” .........” ....... * श्_ * * * * ... 498 192 The son born after partition, shall however receive a share of the then existing estate, exclusive of the income and expenditure. ..... ". ... to s & 峻 綬 繆 е в в 够 & 姆 ... 495 PARTITION OF PROPERTY op RE-UNITED PARCENERs. 193 If persons once divided and living again together, make a seeond partition, the shares must then be equal, there not being in this instance any right of primogeniture. ... 495 194 The rule of distribution after re-union must conform with the original allotment. 497 195 If a person die leaving no relative nearer than his re-united parcener, then the latter succeds to his property in preference to the parceners, not re-united though in the same degree of affinity. ... ... • • • " ه ه ه = * * * * * в * * * _ , 407 196 Other particular rules which have been set forth under the head of partition among brothers, must be observed in this case also. ... «н s co . . . . . . . - - - ... 499 A re-united brother entirely excludes an unassociated one.-Sons legally separated from their father have not, on his death, any claim to inherit with a son not separated. Macn. H. L. vol. II. pp. 16, 178, 174. ' ... ... .. ... ... . ... ... ... ... 501 DISTRIBUTIOಶ ೦೫೫rECTS CONCRALಖ A BB mo or PARITTOx AND SUBSEQUENTLY DISCOvKRED. §§ - 196 Not only the articles above specified, but anything discovered after partition, as being joint property, must be equally divided among the co-heirs. ... to o on ... . ... 503 197 Effects ill distributed shall be divided again. ... ... ... ... ... " .. 503 198 Not only a brother, but on his death his issue, as far as the great gran-dson, is also en titled to share the property concealed. 弱 ● 台 - 505 199 Effects which have been taken by a kinaman, he shall not be compelled by violence to restore: and the consumption of unseparated kinsmen, they shall not be required to make good. 蟒 廖 像 哆 爱 喂 姆 a 瞳 ●● 勃 a e s ga ga 8 - - - 婷 曲 蚌 в в «а ... 505 THE ASCERTAINMENT OF A DUBioUs PARTITION. 200 If a doubt arise regarding the fact of a partition having been made, it should be ascer tained by the evidence of kinsmen, relatives, or other witnesses, or by written proof. ... 507 202 The fact of partition should also be ascertained by sepotate transaction of affairs or se parate property or possession. ● 爱噬 爱é ● نا " " = به ه = } 影● 通 缘”● * в 4 ? ... 507 203 Presumptive proof is to be admitted only in default of witten and oral evidence. ... 51. Rai Kishore Ray and others versus Widow of Santa Das. 26th October 1796. S. D. A. R. Vol. I. pp. 13, 14. - - Vide Raj Kumar Bishweshwar Kumar Singh, ಶ್ಗ pereus Sukhnandan Kunwor, Respondent. 9th of April 1842. S. D. A. R. Wöl. VII. pp. 87, 88-uł. Di puhversus Gouri“ Sankar, S. D. A. R. Vol. III. 810.—Maon. H. L. Vol. I. p. 54. - THE ALLOTMENT OF A shARE to А соглковкив APPEARING AFTER PARTITION. 204 Whether partition have or have not been made, whenever an heir appears, he shall receive a share of whatever common property there is : be it a debt, or a writing, or house, or field, which descended from his paternal ancestor, he shall take his due share of it when he comes, even though he have been long absent. ч в 8. ... ' ... àl Vyavastha* 33 3? ?? 33 5? Precedents Wyav asthá 39 Precedents Wynvastl:a'