পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৩৩৩

WYAVASTHAT-DARPANA 209 قيامه Who can be called a re-united parcener ** To this Jínu rava nasa says : –Father, son, brothers, paternal uncles, and the rest, are, when re-united, reckoned re-united parceners (Coleb. I)á. bhá. p. 168). WWith reference to the term ** and the rest" Sri ́kk18hxA Tark a“í.aska ́ita has however shewn, or directed re-union among persons as far as the brother's grandson. (Comment on Dāyabhāga, pp. 224, 225). RAgnes Aspana affirms, that re-union only takes place between father and son. between brothers, or between paternal uncle and nephew. In effect he considers the term, “ and the rest,” in thc remark of taxa, as comprehending only the son and nephew. Ji au tava nasa again observes, when treating of the shares of re-united parceners, “re-union should not be admitted among others besides those who are expressly mentioned, else the enumeration would be unmeaning. ‘’’ 参 It appears siom the terms—“With his father, brother, or paternal uncle,” used in the text of W H in Aspari, that they alone are determinately meant, who were not separate by birth. Of these, the father is first mentioned, as the distributer of the estate, when it is divided in his life time : the term, taken eomprehensively, includes also the paternal grandfather and great-ggandfather; the brother is next mention" ed, as the distributor of shares among brothers; and lastly, the paternal uncle is named, as the person who distributes an estate shared with a son's son, whose own father is dead: the term, taken comprehensively, includes the son and grandson of a paternal uncle, the great uncle and others. The wife of a brother and the rest are not meant to be so, because they are subject to the control of their husbands and so forth. Among those only does re-union take place; not among others.f The text “a re-united (parcemer) shall keep the share of his re-united co-heir," is intended to provide a special rule governed by the circumstance of re-union after separation, and applicable to the case where a number of claimants in an equal degree of affinity occurs. Hence, if there be competition between claimants of equal degree, whether brothers of the whole blood, or brothers of the half blood, or sons of such brothers, or uncles, or the like, the “rc-united parcener shall take the heritage. Therefore— - 蛾类 86. No preference is to be given to the circumstance of re-union after separation in the case where claimants in an unequal degree of affinity occur. Thus for instance, if one brother and another brother's son were re-united with the deceased owner, thcm owing to the concurrency of the relation in unequal degree of affinity, the brother alone is the heir, not the nephew. Further, if the whole brother's son were re-united with, and a half brother were separated from, the deceased, then owing to the relations not being in equal degree of affinity, the half brother alone is entitled to inherit; not the whole brother's son, though re-united. • Vide Coleb. Dig. Vol. III. p. 514. f Coleb. Dig. Vol. III. pp. 51s, 514. 4 Coleb. Da. bha', p. 21*. . The mouns brothers &c., (in the Sanscrit) being used in the genitive plural form, the word only wust be understood in every case, that is to say—if the competition be only between the brothers of the whole blood, or only between those of the half blood, or only between whole brother's sons, or half brother's sons, or only between the paternal uncles, or the like, then he of them shall alomo take the heritage, who was re-united with the late owner. Sar KRISHNA's commentary on Diyabhāga, page 230. A 3 Who can be taked a reunited parconer Vyavasthä. Example.