VYAVAŞİ:HA*-DARPANA. 393 113 with the mother's consent, the partition is lowfal.. Colêb. Dá. bhá. p. 57. vyawa-fh« The condition “.and when the sisters are married” does not intend a distinct period, but inculcates the necessity of disposing of them in marriage. Coleb. Dá bhá. p. 21. The alleged power of sons to make a partition, when the father is incapable of business (by reason of extreme age, &c.) has been asserted through ignorance of express passages of law (to the contrary.) Thus Ha'arta says: “While the father lives, sons have no independent power in regard to the receipt, expenditure, and flailment of wealth. But, if he be decayed, ອmotely absent, or afflicted with disease, let the eldest son manage the affairs as he pleases.” So SANKHA and LIKHITA crplicitly declare: “If the father be incapable, let the eldest manage the affairs of the family, or, with his consent, a younger brother conversant with business. Partition of the wealth does not take place, if the father be not desirous of it, when he is old, Qr his mental faculties are impaired, or his body is afflicted with a lasting disease. Let the eldest, like a father, protect the ods of the rest; for (the suppo t'AŻ) the family as founded on wealth. They are not independent while they have their father 'living, * nor while the mother survives.” These two passages, forbiding partition when the father is incapable of business, or when he labours undes’a lasting disorder, durect that the eldest son should superintend the household, or a younger son who is conversant with business. The text last cited, therefore, runs “not u the father desire it not ;” and it was by mistake that it was written “if he be incapable of business, partition of the wealth takes place, &c.” Cole. Dá. bhá. pp. 19,20. EXTENT OF THE SHARES OF THE BROTHERS. Two modes of partition among brothers alike by class” are propounded; namely, either with deductions or else an equal division.t The deductions are of various kinds as ordained by the different sages. They areas follows : IMAnu :—* The portion deducted for the eldest is a twentieth part (of the heritage.) with the best of all the chattels; for the middlemost, half of that, or a fortieth; for the young” "
- ửago other askeskau, brothar. borace - maher ce different el" ":" ": "::::::: wers’also :: #öwłówಳ್ಗನ್ತTüjeTpatiegar g..! བཅས་ཏྭ་ཨཱཿ ថ្ថៃ kkk kkk kkk kkk kkk Slkk kkkkS kkkkS kkkkS kkkMmu LS LS CCT eggS AAAAA AAAAA right of a son born of such a girl is annulled. *
' tVide Coleb, D4 bkt, Bi-YD6 #jwgp. 104-Celeb.gVol. - ***
