VYA V ASTHA”-DARPAN A. 461 Although this text relate to the share of the property gained by science, it may be applied to the present case also, conformably to the maxim that ‘the sense of the law ascertained in one instance, is applicable in otliers also, provided there be no impcdiment. See ante, p. 857. 161 Shares are to be equal when the proportion is not specified. ' Vyavastha' Because of the rule which directs equality where no (other) proportion is specified. See Coleb. Dig. vol. III p. 61. EFFECTS LIABLE OR NOT IIABLE TO PARTITION. EFFECTS LIABI.E TO PARTITION. 16: These three descriptions of property, viz. ancestral, acquired by the father, Wyawastha? and acquired by the use of the joint stock, are partible among all.” What belonged to the paternal grandfather, or to the father, and any thing else (appertaining Authority to the co-heirs having been) acquired (a) by themselves, must all be divided at a partition among eo-heirs.* KAʼʻpY.AʼYAN.A. (a) And any thing else]—By the conjunctive particle “and” is meant that the acquisition must have been made through the common property; (or else by joint personal labour). 163 But property acquired by individuals through their own exertions, must Vyavasthā be shared exclusively by the acquirers.” 164 Land (inherited in regular succession, but) which had been formerly lost, Vyavasthá and which one shall recover solely by his own labour, the rost may divide according to their due allotments, having (first) given him a fourth part”. 165 Property gained by science, and such other means, without the use oven Wyawa8thá of the joint fundst, should be shared with the parceners equally or more learned : not with less learned or unlearned parceners.”
- Vide W. Dá. Krn. sang. pp. 70, 71. coleb. D§. bb$. pp. 108, 185. Coleb. Dig. vol. 111. Pp. 882- 885. Maen. H. I. vol. I p. 52.
+ See Vyavasthā No. 178 and the authorities relative to the same.
