vyAvASTHA-DARPANA. 4T 9 125 Where a property is acquired by the use of one brother's money and by another brother's labour, there they both share it equally; but where it is acquired by one's money and another's money and labour, there the brother who supplied funds shall have one share, and the other shall have two shares : and in both cases the rest of the brethren shall be excluded from participation. Legal opinions delircred in, and admitted by, the several Courts of Judicature, and examined and approved of by Sir William Macnaghten. Q. Three IIindus (being uterine brothers) live as a joint and undivided family, and acquire some property real and personal, without relying on the patrimony. - The eldest brother separates himself foom his brothers, and takes the whole of the property exclusively, without coming to any division with his brethren. It appears that the acquisitions of the eldest exceeded those of his brothers. Under these circumstances, how should the property be distributed 2 B. In this case, three brothers living in a joint state, acquired the property real and personal by their own respective funds, without relying on the patrimony, and therefore each brother is entitled to a share coresponding to the extent of his separate funds applied by him towards the acquisition. If one of them had acquired it, relying on ancestral joint stock, the acquirer shall have twice as much as the rest; in other words, a double share. Should any one acquire - property by dint of his own funds without using the common stock, the acquirer takes the whole acquisition. The authority for this opinion is the following doctrine of Vyasa snd YA NYAVALRYA laid down in the Dáyabhāga, &c. 杯、 “If the joint stock be used, shares should be assigned, to each person in proportion to the amount of his allotment, be it little or much, which has been used.” “What a man gains by his own ability, without relying on the patrimony, he shall not give up to the co-heirs; nor that which is acquired by learning.” “Whatever else is acquired by the coparcener himself, without detriment to the father's estate, as a present from a friend, or a gift at nuptials, does not appertain to the co-heirs.” “The brethren participate in that wealth, which one of them gains by valour or the like, using any common property, either a weapon or a vehicle, to him two shares should be given : but the rest share alike.” City Dacca. May 12th 1817 . Maem. H. L. vol. II. Ch. V. case 12 (pp. 158,159). ... Q. A person died, leaving four sons, and some self-acquired landed property. After the father's death, his sons lived together as a joint and undivided family, and they each purchased - with their respective acquisitions some lands, which they annexed to the original estate. Under such circumvoare the four brothers entitled to share the whole property equally, or otherwise ? * * * * t - Wyavasthá The acquirer takes a doul.ie share on part - tion, where ext“stral property has been losed in making the acquisition,
