VYAVAŞTHA”-DARPANA. 391 1, s . 4 ". די " • و به آ ن. pణry': f ജ്ജ് .ே whatever description, réovered by himself, retaining in his own Wands as much as he may think fit; and should the distribution he makes be unequal, or should he without a just cause exclude any one of his sons, the act is valid though sinful. According to Joustavahana, Raghusandana, Sarkaishna, and other Bengal authors, when partition is made by a father, a share equal to that of a son must be given to the childless wife, not to her who has male issue; that where he (the father) reserves a large portion for himself, his wives are not entitled to any specific share, but must be maintained by him; and that where unequal shares are given to sons, the average of the shares of, the sons should be taken for the purpose of ascertaining the allotments of the wives.” (Vol. I. pp. 44, 47, & 49.) @ These however are not quite correct and accurate aoregards the doctrine of the Bengal school, as will be found on reference to the Wyavastíás Nos. l98, 198, 174, 176, 176, 177, 178, 180 & 184, and their corroborative authorities and remarks, all of which are the doctrines of, and almost all of which are quoted from, the authorities alluded to by the learned gentleman. SECTION II.--PARTITION BY BROTHERS. Thrg Pr;RIop or SUch pARTITIoN. 211 If the right of property be annulled by death, degradation for sin, dis- Vyavasthā regard of temporal matters, or by the quitting of the condition of a householder," or if the father chooses while his right still subsists, the sons become entitled to partition: from that time therefore does the period of partition commences. 212 However, partition is not lawful, while the mòther lives (a)f. (e) That is, such partition isunlawful in respect of religious duties, and is only lawful in respect of property. See Cole. Dig. Vol. III. p. 78." 蛙 For brethren a common abode is ordained, so long as both parents live; but after their Authority decease, religious merits of separated brethren increase. Wyasa. After the death of the father and mother, the brothers, being assembled, will equally divide the paternal estate; for they have not power over it while they (the parents) live. MANU. However,
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• Vide ante, pp. r1-18. " * Alth afia de of the hther, ఉషe: 1etie a live together of the de జ్ఞి estate. ಘೀ is pronounced by MANU :-"Either let them thus live together, •or, if they desire (separately to perform) religious rites, let them live apart; since religious duties are multiplied in separate houses, their separation is therefore legal (and even laudable.) ή
- colab. Dá blá. pp. 54-56.
