পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৫৫৫

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vyAvASTHA'-DARPANA. 433 ' According to the texts already cited. See ante, pp. 857. According to Jou'tava HANA, Raghunandana, Shi'kmishna TankAtaskAoA, and the rest whėn partition is made by a father, a share equal to that, of a son must be given to the wifé who has no son, not to her who has male issue; her son should be considered as alone entitled to (share in)thế partition : this agrees with common sense. But, when partition is made by sons, no share need be allotted to the stepmother, who has no male issue, but food and raiment (must be assigned ;)for the late owner of the property was bound to support her.” 130 If the sons refuse to deliver the share of their natural mother, she may exact it even by forcible means.# For the ordinance would be otherwise nugatory. 131 When the father of an only son leaves one wife, then food and vesture only shall of course be allotted to her, f. Since no text propounds the immediate appropriation of a share; and the law has only ardained the allotment of a share to the mother or stepmother when partition is made among sons. . If a man leave two wives, and by one two sons, and by the other four, partition shall be made as above mentioned, among the brothers of the whole blood and half blood; but what shares shall be allotted to their respective mothers? To this CHANDEshwara and the rest would reply,the estate must be divided into eight shares, and two must given to the mothers, for they are equally wives of the father; and the six brothers take six shares. However, SRI KRisina TARKáLANkána observes in his commentary on the Dayabhaga, both are not entitled to shares, since both are not natural mothers of all the sons; and the natural mother,according to Ji'Mustava HANA ahd the rest, is alone entitled to a share.’t Hence— . . . . Reason. Vyavastha^ Reason Vyavastha^ Reason Authority 182 If the uterine brothers separate from their half brothers, their respective Vyavasthas mothers will not be entitled to share. & 133. But when one set

  • Coleb. Dig. vol. III. p. 18 . . f, Coleb. Dig. vol. III. pp. 80, 81, 29. See Cons. H. L. p. 64. para. 88.

of uterine brothers shall come to a partition among Vyavastha