WYAVASTHAY-DARPANA. 423 with the Zenixdar, wire reinstated in the possession of the property, but the whole eight annashore which belonged to both the brothers, was retained exclusively by the younger brother's son, whécaused the widow of the elder brother to draw up a deed of gift of her husband's share in their favour. It has been proved, that a few days prior to her executing that document, she was in a ಆtep insanity, and that she died eight or nine days after the execution of the deed of gift. Her exeguial rites were performed by one of the younger brother's sons. Previously to her making the gift, her husband's grandson in the female line made objections thereto, and presented a petition to the ruling power, setting forth his objections. On the death of the elder brother's widow, his grandson claims his share of the dependant talook. In this case, is the grandson entitled to any share; if so, to what portion ? Was the widow competent to give away her husband's entire share to his brother's son or not ? - 莺 。 - R. Of the eight-anna share of the dependant talook, in this case, one moiety belonged to the elder, and the other half to the younger brother; and the Zemindar, it appears, seized their shares, together with the other eight-anna share, for the rent due from the latter, and the younger brother's son recovered the property. Under these circumstances, a one-anna share out of the four anna-share which appertained to the elder brother will go, on partition of the estate, to the recoverer, over and above his own share, and the remaining three-anna share to the grandson. The gift which was made by the widow of the older brother to her husband's younger brother's son, has no validity. This is conformable to the Dáyabhāga and other authorities. City Dacca. June 25th, 1811. Maen. H. L. vol. II. Ch. V. case 11 (pp. 157,158). Q. Of two brothers, who lived together as a joint ård undivided family, the elder died, leaving four sons, and the younger brother and his son still living. On the death of the elder brother, his four sons and the surviving brother and his son separated in respect of food, but the property continued in johnt tenancy. Certain landed property was purchased with the proceeds of the joint catate, as well as with money, which was jointly borrowed, by means of the personal exertions of the parties, in the name of the surviving brother's son. The debt so contracted was liquidated by the proceeds of the joint property, ‘and the management of the estate newly pur chased was wholly confined to the surviving brother's son. In this case, to what proportions of the property is each of the above individuals entitled ” R. Supposing one of the two undivided brothers to have died, leaving four sons, and the other brother to be living, with a son, and the family to have subsequently separated in respect of food only, and after the elder brother's death, their property to have been undivided, and landed property to have been acquired by means of their joint funds and labour, in the name of the surviving brother's son, and that son to have managed the estatá; in this case, the property will be made into two shares, of which one will go to the foué'sons of the deceased brother in right of their father, and the remaining one to the surviving brothgr. The portien which will go to the four sons of the deceased brother will be equally shared by them. This opinion is consonant to the Dāyaāh 4ga, Báyutatwa, and other authorities.” Calcutta Court of Appeal, June roth 1814. Maen: H. H. vol. II. Ch. v. case 17 (pp. 102,188).
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SAA AA ASASASAMAAASAASAASAASAA ... *But it must be understood in this case, that the sons of the deceased brother did not individual contribute anything to the acquisition. The right 曼 s 酸 争,意 у * hi*cgntribution, s , - ' acquisit e right they derived was from their father, and in virtue of One fourth over and above his own sharb of a recovered family estate, goes on partition to him who recovered it. Acquisitions made by a man jointly with his brother's four sons, by means of joint funds, will be divided into two portions, of which one will be taken by the man himself, and the other be shared equally by the four sons of his brother.
