vYAVASTHA*DARPANA 359 According to JPMUstavahana, RAGHUNANDANA, SRI (ISHNA TARKA'LANKARA, and the rest, when partition is made by a father, a share equal to that of a son must be given to the wife who has no son, not to her who has male issue; her son should be considered as alone entitled to share in the partition: this, they think, agrees with common sense. But, when partition is made by sons, no share need be allotted to the step-mother who has no male issue; but food and raiment mnst be assigned, for the late owner of the property was bound to support her.” “But if the female property have been given, an equal share completed by including that property must be allotted.” This doctrine of JAGANNATHA is found neither in the Dávabhága nor in the works of the other leading authorities, all of whom have laid down the following opinion subsequently expressed by JAGANNATHA himself. “Should the father, by his own choice, give equal shares to all his sons, his wives must have equal shares with his sons, if they have received no female property either from their lord or from his father; but if such property have been given, a moiety of a share will be ordained ; according to the text: “But if any (Stridhan) have been given, let him allot half.” This also is the opinion of the same author: “From her l ord, or from his father,” this is a mere instance, comprehending his grandfather, Inother, and the rest. The meaning is this : when she has received, from any person, wealth which would ultimately have accrued to her husband, that shall be included in completing her allotment; but if she received it from her own father or other relative, or from the maternal uncle or other (collateral) kinsman of her lord, such wealth shall not bo included in her allotment, because it was exclusive of his claims. Such is the method of interpretation consistent with common sense.” If he allot an excellent share to the eldest son and so forth, his wives shall not have such excellent shares and the like ; but, after setting apart the deducted allotments, they shall receive equal shares together with deduction, as ordained by ATASTAMBA:” “The pots of the house and the ornaments shall be allotted to the wife.” 186 If the share allotted to a wife or mother (or grandmother) be consumed in her support, she is entitled to receive alimony from her husband or son; for, at all events, she must be maintained.” 187 But if a surplus remain above the consumption, and the husband's wealth be wholly dissipated, he may, by parity of reasoning, resume property from his wife, as he might resume it from his son.” 188 The wife cannot, without a just cause, give, sell, or mortgage the property received in partition. e Colel». Dig. Vol. III. pp. 13, 19, 20, 26. 5 Wyavasthá
