WAYAVASTHAT-DARPANA 360 |PARTITION MADE BY A FATHER OF THE PROPERTY ANCESTRAL. When a father separates his sons, (from himself) his will regulates the division of his own acquired wealth; but, in the estate inherited from the grandfather, the ownership (i) of the father and son is equal. VISHNU. (i) Ownership or dominion over the father's estate during his life is not propounded by declaring the equal dominion of father and son over property inherited from the grandfather; for that inference has been already disproved. But the father alone has absolute property; and equal' dominion is affirmed to show that no unequal distribution can be made in this case." The ownership being figuratively attributed to the son, though he be not the true owner, 蠶 right attendant on ownership is alone assumed : and that right consists, according to J1 MUTAv.A1ANA in the power of claiming partition, and in that of resisting unequal division ; for there is no ground for selecting one of these rights to the exclusion of the other. It does not consist in taking an equal share with the father; for that is not acknowledged by JI’MUTAvA HANA.* 196 when the father makes a partition of the ancestral property, he may take two shares for himself, and allot to each of his sons a single share.f For the text of vùrixspati, which declares: “The father may himself take two shares at a partition made in Ris life-time,” relates to ancestral property.t 爱 NATADA also saying : “Let the father, making a partition, reserve two shares for himself;” do so ordaiti without testrictioii. Dá. bliú. 9. 35. As for the text of WRIHAsPATI : " In wealth acquired by the grandfather, whether it consist of movables or immovables, the equal participation of father and son is ordained :” its meaning is, that the participation shall be equal oksuniform, and the father is not entitled to make :l distribution of greater or less shares at his choice, as he may do in the instance of his own acquired goods. It does not imply that the shares must be alike. (Dá. bhá, p. 42) Consequently, 197 A father may reserve for himself two shares of wealth which has regularly descended in succession (from ancestors:) he is not entitled to more, however desirous of it he may be. Dá. bhá. p. 49. _ 188 A father has not power to make an unequal distribution of ancestral property, consisting either of land, or a corrody, or slaves, even though (any of) the causes before mentioned, namely superior qualifications, &c. exist."
- Coleb, Dig. Vol. III. pp. 86 and 43. + W. Dá kra. Sang. pp. 95, 96.
Vayavasthá Reason & authority Vyav:ısthá
