WYAVASTHA-DARPANA. 539 . Authorities— - The text of. Yaoosyavaikya, cited iii the isolars and other books of law —” If one of '. two or more parceners or undivided kinsmen contract a debt for the support of his family, and ಪ್ಲೀಸ್ಡಲ್ಗbಶyಂg beat abroad, oteparejijpintent ball pay it. ు " .م --- * . . . . . . . . . , ; ; :... ***** . . . ! ! ! ! ! - ”. . "... . יד:י .. ‘x . Maen. н. L. vol. II. Ch., 10, cage 10, (pp. 286, 287).:.:... . - . Va. A person having contracted a debt, becomes a recluse; that is, enters into the order of an ascetic. His ancestral landed property falls into the hands of his brother's representatives. In this case, can the creditor realise his debt out of such property? R. If the individual in question borrowed a sum of money, and relinquished the order of a housekeeper, leaving a patrimonial immovable estate in the possession of his relatives, in this case, those relatives who are in the enjoyment of his property are liable for the debt, and if they do not liquidate it, the creditor is competent to recover his money due from the debtor out of his property, as JAGNYavalkya propounds- ** He who has received the cstate of a proprietor leaving no son capable of business, must pay the debts of the estate, or, on failure of him; the erson who takes the wife of the deceased; but not the son whose father's assets are held by another.” •. . . - - The law on this subject is more distinctly laid down in the Mitakahara and other authrities, in the chapter treating of the payment of debts. - City Chinsúrah, June 18th 1816. Macn. H. L. vol. II. ch. 10, ease 12 (pp. 288, 289). Q. A man, living with his brothers as a joint and undivided family, borrowed a certain sum of money, and executed a bond, obliging himself to pay the debts by instalments. He (the debtor) proceeded to a distant. country without liquidating the debt, while the family was undivided, and for the period of nine years no intelligence of him has been received. Now the debtor's bro...thers and wife are in the joint enjoyment of the family property, movable and immovable. In this case, can the creditor claim payment of his debt from the occupiers of the debtor's estate, or տաst the claim be deferred until the expiration of twelve years from the date on which the debtor departed from his family house? R. If a man contract a debt while he lives with his brothers, as an undivided and united family, ān subsequently become missing, the debtor's brothers, and wife who possess his estate must pay his debts, without waiting for the expiration of twelve years. Authorities— ‘. . . The texts of JΚωτανκετ, cited in this and in the next page. .* o naaada :استThe creditor néed not waitā specific time; for there is no authority (for such a supposition).” , Zillah Tipperah, July 16th 1812. Maon. H. L. vol. II, ch. case 5, (p) 282. . .” ...A. His posing šť the of his fatheri, bound to pay his debts. Jämuna Ransoerous Mīānī Day 20th January 1785. Hyde's Notes, S. C. R. 148,
- ; Baiardoğhose virtua Ram: Tunnoo'. Dutt and others. 20th November is 88. Chambers'
- * - ث - ,怒,、 s : , . -- * Notes, S. C. R. 144. The debts of an ascetic follow his assets in the hatids of his representatives. The debts of a missing person must bepaid hy those in possesgion of his eß* tate, without waiting twelve years før his reappearance.
