vYAWASTHA?.DARPANA 351 (8) “without a cause –such as piety, a large family to maintain, or inability (to earn his livelihood), and the like, (as explained on the concurrent opinions of JI’MUTAvA HANA and the rest)—he shall not prefer one son, or distinguish him by assigning to him a larger portion; nor shall he exclude one of his sons from a share, or disinherit him, without a legal cause of exclusion, such as degradation and the, like or spontaneous relinquishment of his share. Coleb. Dig. vol. II. p. 540. SRI RRISHNA concurs in this exposition. See his Commentary on the Dāyabhaga, Sans. p. 70. (u) By the term ‘mere pleasure ' is meant that he can divide his self-acquired property at his pleasure, for any of the above reasons. SRI'KRISHNA's Comment on the Dáyabhaga, Sans. p. 70. 176 Unequal partition is lawful, when grounded on the reasons (u) above mentioned. Dá. bhć. p. 52. (4) ‘Grownded on the above reasons —that is, on the ground of piety, having a large family to maintain, and so forth. SRI'KRISHNA's Comment on the Dáyabhāga. Sans. p. 69. 177 If the father give a greater portion to one son, and give less or none to another son, through perturbation of mind occasioned by acute disease, wrath, &c., or through the influence of excessive partiality on his mind, from love or the like, such distribution is invalid.” Because he having no power to do so, it is made by one who is disqualified. I. A father who is afflicted with disease, or influenced by wrath, or whose mind is engrossed by a beloved object, (o) or who acts otherwise than the law permits, has no power in the distribution of the estate.* NATADA. (o) • Engrossed by a beloved object:’—that is, excessively partial towards the son of the favourite wife. Vide W. D£. Kra. Sang. p. 95. II. A contract made by a person intoxicated, or insane, or afflicted with severe illness, or vyasant (k), by an infant, or a man agitated by fear or the like, or by a person without authority, is void. JAoNYAVALKYA. (k) “vyasané –Addicted to gaming or the like : for the word vyasama is explained, “danger, or calamity, degradation or depravity, and the vice proceeding from lust or wrath.” (g) Under the term ' and the like ’ are comprehended, as RAGHUNANDANA observes, a man wholly dependant, a slave, a son, and the rest: and that observation is just.* (5) Since the eighteen titles of administrative law are comprehended under the term, ‘contract (vyavahára) partition of heritage (by a person so circumstanced) is also null.” Should the father give his whole fortune, or nearly the whole, to one son, through partiality, and give nothing to another, or a trifle only, through resentment, such a distribution may be resisted. The text of VRIHASPATI and others cannot deny the right of opposition; for it is declared ini the text above cited that “the father has no power (in such circumstances) to make a partition different from the law (of inheritance)* - • Coleb. Dig. Vol. II. pp. 541, 542, 543, 548. See–Coleb. Dá bhá. p. 52. W. Dá. Kra. Sang. p. 95. Wyavasthá Wyawasthá Reason Authority
