VYAVASTHA'-DARPANA. 407 . . . . . ; l. “Should "a son die before partition, his son shall be made partaker of the estate, pro- Authority vided he aಂ! received from his grandfather property sufficient for his support. He shall - receive his father's share from his uncle or his (uncle's) son; and the same proportionate share shall be, according to law, allotted to all the brothers : (or if, that grandson be also dead) let his son take the share'; beyond him (lineal suggession) stops.”—Ja'anyavalkya. If there be many sons of the deceased (son), their father's. share only (and no more) should bé subdivided and allotted amongst them. In like manner, on the extinction of right of the (late) owner's grandson, his (the latter's) share only shall be taken by his sons (the great grandsons of the late owner) Dá. T. pp. II, 51. . .
- Consequently, if the grandsons, having received allotments from the paternal grandfather in his life time, reside apart, and their uncles remain united with their own father, in that case, when these make a second partition, the grandsons shall have no share. However, grandsons fire entitled to obtain partition of that property which had belonged to their paternal grandfather. Colcb. Dig. voJ. III. p. 82. -
II. But to grandsons by different fathers shall be allotted the portions of their respective fathers.t-–JA aNxavAlkya. Ws - If one of the co-heirs, through confidence in his own ability, decline his share of the property. inherited from bis father, grundsather, or other ancestor, something should be given to him, be it only a prastha of rice, on his separation, for the purpose of obviating any future cavil on the part of his son or other heir. Thus MANU says: ‘If any one of the brethren has a competence from his own occupation, and desires not the property, he may be debarred from his share, giving him some trifle
- Consequently, if brothren live together after the death of their father, a brother shall receive a share when partition is subsequently made ; or should one of the brothers die before his father, his son shall take his share ; should he also die before his grandfather, his son shall receive the share : und if this last also be dead, his son shall not take the allotment ; for he is more remote than the fourts. in descent. 4Coleb. Dig. vol. III. p. 83. - - -
t To grandsons, of whom the fathers are different, shall be allotted portions in right of_their several fathers ; all the grandsons succeed to the proper shares of their respective fathers: Consequently, so many shares,should beformed as there are sons of the original proprietor. and should be given to their respective sons; and let them take those shares, whether, they be uterine brothers or born of different mothers, and whether they live togethef, or subdivide the shares according to the number of their own brothers respectively : such is the meaning of the text. “This rule of adjustment is grounded on posi tive texts. Golob. Dig. vol. III. pp. 6,7.
