VYAWASTELA*]DARPANA $53 Consequently the sense is this: as the worship of deities, performed during impurity, is productive of no merit, so does the volition of one insane, wrathful, or the like, who intends to make a gift, produce no devesture of former property; for, as a pure worshipper is alone qualified for the one act, so is a wrathless man or the like for the other. Consequently, since the distribution made by him is null, partition must be made afresh. Coleb. Dig. Vol. II. p. 543. The decision therefore is this:— 178 If the father give a greater portion to the sons who are dutiful and so forth, the partition is moral as well as valid; if he give less to one and more to another, through perturbation of mind occasioned by disease, &c. or disinherit any son, such an act is not valid; if he without any merit such as dutifulness and so forth, or without perturbation of mind, but only at his own pleasure, make an unequal distribution, it is also valid though not moral. 179. When sons unanimously request partition (in the father's lifetime,) the father shall not make unequal distributions on account of (filial) piety or the like.* Among undivided brethren if there be an exertion in common, the father shall on no account make an unequal distribution in such case.” MANU. But he may give a deduction of a twentieth part and so forth to the eldest son and the rest; for it is not of the nature of an unequal distribution; and the allotment of greater and less shares only is forbidden.” The father, being advanced in years, may himself separate his sons; either dismissing the eldest with the best share (t) or in any manner as his inclination may prompt.” NA?ADA. (t) “The best share"—that is, the deduction of a twentieth part or the like ordained by MANU. Vide Coleb. Dig. Vol. II. p. 538. - The unequal distribution, here intended, appears evidently to be different from that, which consists in giving the best share to the first-born; since the author, having moticed the allotment of the best share to the eldest, again says “ or as his inclination may prompt;” thereby dis tinctly authorising any unequal distribution, which the father, for reasons before mentioned, may think proper to make.”
- See Coleb. Dá bhá. pp. 52, 53. Coleb. Dig. Vol. II. 544.
If a man has five sons; one dutiful, one unable to earn his livelihood, another burdened with a large family to be maintained, a fourth otherwise circumstanced. These four, but not the fifth, demand a partition. In this case unequal distribution en account of piety, duty, or the like, may be made; for there is no common exertion of all the brethren. Dig. II. p. 546. 5 Wyavasth á Authorities
