পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৫৪৩

VYAVASTHA”-DARPAN A. 42} . . . R. The property acquired by the personal labour and funds of each of the brothers, and annexed to the original estate while they, after the death of their father, were living in a state of union, ot should there be any means of discriminating how much, either of քաւկ: or labour, was contributed by each of the brothers, will be distributed among them, according to their respective contributions. The ancestral property should however be distributed among them equally. Rám Chandra Dás 9. Gangádhar Mahtí. Macn. H. L. vol. II. Ch. V. case 14 (p. 160). Q. The respondent and appellant, being uterime brothers, lived jointly till the month of September 1210, B. S. The respondent (the elder brother) had acquired money by acting as tehsildor or collector, joirádár or farmor, and the like capacities ; and the appellant also had earnedomoney by acting as a goodsh/a or agent, farmer, and in other employments. They purchased landed property; some in the names of other persons, with their acquisitions, while they were Kving in a joint state in respect of food. There were no documents to show, with any accuracy, the proportions in which the parties had respectively contributed to the purchase of the lands in question; but it was clearly established, that the proportion contributed by the respondent was much the more considerable. Under these circumstances, will the estate which had been purchased by both the brothers, without the aid of patrimony, but with that of their own acquisitions, be equally divided among them, or is the elder brother, with whose money the greater part of the estates was purchased, entitled to any superior share; if sပီ, to how much f R. Property acquired by the appellant, living jointly with his brother, without using sthe paternal estate, becomes his exclusive property: and that purchased by the respondant, earned under the circumstances stated, becomes his own estate. greater share of the respondent's funds, the less sum being contributed by the appellant, while they were living together, each of them is entitled to share the estate, in proportion to the funds respectively contributed by them to the purchase of the property. Whatever property may be ascertained to have been purchased by each of the pārties, each is entitled to, and such portion should be considered the exclusive property of each ; but where the proportiànate contribution of each may not be determined, there is no rule in the law by which the respective shares to which each is entitled, can be ascertained. Authorities: YA NYAVALKYA, cited in the Dáyabhāga and other tracts: “Whatever else is acquired by the coparcener himself without detriment to the father's estate, as a present from a friend, or a gift at nuptials, does not appertain to the co-heirs.” “Shares should be assigned to each person in proportion to the amount of his allotment, be it little or much, which has been used.” This is laid down in Dáyabhāga, Dāyarahasya, and other authorities. Sudder Dewanny Adawlut, May 28th, 1811. ' Kushal Chakravartti v. Rådh6n6th Chakravartti. Muem. II. L. I!. Ch. V. ease 8 (pp. 158,154). vol. Q. Two brothers possessed an eight-anna share of an ancestral dependant saloos, and lived. apart, though the estate continued to be held by them in joint tonnty. 'I'he Zeurjmrfu* or proprietor of the dependant talook seized the whole estate for the arrears due from the other eight. anna'share. * The elder brother died, leaving a daughter's son by one of his wives, and a widow. 'The second brother next died, leaving two sons. After the death of two brothers, the talook was still in the Aemindar's possession. One of the younger brother's sons, and the proprietors of the other eight-auna share, brought an action against the Zemindar to recover the property in question, while the elder's widow was alive; and afterwards settling the matter by compromise If the property was purchased with a Property acquired by brothers should be distributed among them according to the labour and funds employed by each. 13rothers living jointly are entitled to share their acquisitions to the amount of the “funds equtributed by them re- . spectively.