vYAWASTHA®DARPANA 34:1 CHAPTER II.—PARTITION. SECTION I.-PARTITION's BY A FATHER. TIME OF SUCH PARTITION. While the father's right subsists:– 167. His choice alone determines the time for making partition of his own Vyavanthé acquired estate.” When the father separates his sons (from himself), his will regulates the division of his own Authority acquired property.” VISHNU. 168. But in the case of property inherited from ancestors, the father's will, Vyavasthā associated with cessation of the mother's catamenia, determines the time of partition.* I. After the father's death (natural or civil) let sons share his estate : or while he lives, if the Authority mother be past child-bearing (n), and he desire partition.” GoTAMA. II. On the death of both parents, partition among brothers is allowed: and even while they both are living, it is proper, if the mother be past child-bearing: WRIHASPATI. (a) The phrase if the mother be past child-bearing' must be considered as denoting the impossibility of her bearing more sons. Coleb. Dig. Vol. III. p. 52. 169. The term ‘mother' comprehends also the step-mother; for she also can Vyavasthā bring forth a son (to the father). Dá T. p. 12. SrI`kr IsfIN a`s Comment on the LJúyabhága, p. 32: 170. In fact the father's choice, preceded either by the circum stance of the mother and step-mother being passed child-bearing or by that of the father being incapable of connubial intercourse, determines the time of partition. In caso the ancestral estate be inadvertently divided before cossation of the mothera catamenia,–VISHNU says: 171. The brothers divided by the father shall give the portion of the bro- Vyavasthā ther born after the division. Dá. T. p. 14. If shares have been distributed, although the mother were not too aged to bear more sons, what should follow —has a son been born after partition, or not ? In the first case, the remain- .
- Coleb. Dig. Vol. III. p. 51. Dé. Kraw. Sang, p. 91. Macn. II. L. vol. I. p. 43. See partition of the self acquired property. + Çoleb. Dá bhá. p. 23. Coleb. Dig. Vol. III. p. 49.
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