WYAWASTHA-DARPANA 347 Q. 2. If the father, at the time of his proceeding to Brindăban, verbally left directions with his eldest son to adjust the dispute regarding his share of immovable property held in joint tenancy with his other co-heirs, and he (the eldest son) accordingly did so while he was absent, and the father upon his return be not satisfied with the adjustment, in this case, is such adjustment good and binding 2 R. 2: Supposing the eldest son, in the absence of his father, but with his permission expressed But, with his consent, at the time of his proceeding to Brindăban, to have chosen an arbitrator, and to have received his legal httitle hin, though absent at share of the joint property, separated by means of arbitration, such partition of the estate is good and binding, even though the father after his return wish to recede from it. Q. 3. A person had an only son, who, in the absence of his father, having chosen an arbitrator, caused a partition of his father's ancestral immovable property which was held in joint tenancy with his other co-heirs; and the father having returned home dissented from the measure, and shortly after died. The son who caused the partition is still living, and wishes to recede from it. In this case, is he competent to do so, or otherwise P T. 3. The partition of the father's joint immovable and other property made by the award of And without his consent an arbitrator, during the father's absence, without his express permission, and to which the father after ...ot bind the son who his return did not consent, is illegal; and on the death of the father, if the son who causcd it to be made made it. wish to recede, it cannot be considered as good and binding. Zillah Midnapore, May 25th 1818. Mach. H. L. Vol. II. ch. V. Case IV. pp. 148—150. PARTITION OF THE FATHER'S SELF-ACQUIRED ΡΙRΟΡΕΙΕΤΥ- - 172. Partition of the father's own acquired estate is regulated by his will vyavasthā. alone.” When a father separates his son (from himself) his will regulates the division of his own Authority acquired wealth.* VISHNU. The meaning of this passage is as follows:– ● 178. In the case of his own acquired property, whatever he may choose Wyavasth á. to reserve, whether half or two shares, or three, all that is permitted to him by the law: but not so, in the case of property ancestral.” - A father, during his life, distributing his property, may retire to the forest, or enter into Authority. the order suitable to an aged man (a); or he may remain at home, having distributed small allotments, and keeping a greater portion: should he become indigent (4) he may take back from them." HA RITA.
- Colob. Dá bhá. Ch. II. p. 44. W. Dá. Kra. Sang pp. 98, 94. Coleb. Dig. Vol. II. pp. 538, 539. Maon. H. L. Vol. L. p. 44. - 鲇
