vyAVASTHA-DARPANA." 495 property being divested by abdication, which is a virtual gift, and the property being vested in his sons without any effort on their part, how can a child born afterwards have any claim thereon, whether it befor be not divided; since it -ddes not belong to his father ?, Coleb. Dig. vol. - . * ... . . . ب: : ته. نيو ي .. . . . . . . . . . هم م . . . . 52 .III.p . should the mother be pregnant, but not known to be so, at the timoof partition made by brothers after the death of their father, and should a son be. subsequently born of that pregnancy, he shall take his share from his brothes But if the father die while the mother was pregnant, and known to be so, and then if the brothers divide the estate without waiting for the birth of the child, and without keeping a share for it, such partition is illegal, and the issue of that pregnancy, if a son, shall take his share by having the partition cancelled. - 192 The son born after partition shall however receive a share of the then existing estate, exclusive of the income and expenditure.” “When the sons have been separated, one, afterwards born of a woman cqug, in class, shares in the distribution. His allotment must positively be made, out of the visible ite corrected (y) for income and expeuditure.t JAGNYavaLKya. - (y) • Must positively']—The particle Wa is affirmative ; and what has been consumed, is consequently excepted. SRíkhisuna's Comment on the Dayabhaga. Sans. p. 149. PARTITION OF PROPERTY OF RE-UNITED PARCENERS. 193 If persons once divided and living again together (e) make a second partition the shares must in that case be equal (a): there is not in this instance any right of primogenitureț. MANU and VisHNU. - - (a) “The shares in that case must be equal’—This supposes re-union of brothers belonging to the same tribe; for the text is intended only to forbid an elder brother's superior portion as before allotted to himí. • c.1.1, px. 1,14. p. 138. Coleb. Dig, vol. III: PP. 434–440. 骨 That is, without including the subsequent increase, nor what has beon consumod by the brethren. Coleb. Dig. vol. III. p. 486; * *.
- Coleb. Da. bha. p. 227. w. Da. Kra sang. p. g3. Caleb. Dig. vol. III. pp. 449—400.
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