VYAVASTHA”-DARPANA.. 435 3) themselves, then their mother will be entitled to a share equal to that of one gf Ther. sons: otherwise not.” 134 At the time of partition with half brothers, if the uterine brothers also vyavasthaseparate from each other, or any of them from the rest, taking their shares or his share än severalty, in that case the mother of these is entitled to an equal share out of her own son's shares.” Inasmuch as at the same time partition takes place amongst her own sons themselves. 135 If any of the sons or the heir of a son (deceased) be separated from the rest, Vyavasthas then also the mother shall be entitled to a share equal to (that of one of ) her sons.t 136 Like a brother the mother also is entitled to a share of the pròperty Vyavasthaf acquired by the use of the patrimonial wealth.; 哆 變 - 137 If the mother happen to be the heiress of a son deceased, she shall, as such, Vyavasthic
- If A shall leave three widows, one the mother of B, C, and D ; one the mother of E. F., and G, and one the mother of H, I, and K ; upon a separation of these three sets of uterine brothers from each other, they will form three joint and undivided families, and their respective mothers will uot be entitled to a separate share, but if one set shall come to a partition among themselves,then their mother will be entitled in severalty to a fourth part of their estate. If another set (E, F, & G for instance,) shall ari die without having come to a partition; E leaving sons, F leaving grandsons, and G leaving great grandsons-- then the sons of E, the grandsons of F, and the great-grandsons of G, will form a joint . undivided family, and the mother of E, F, and G will not be entitled to any separate share. Cons. H. L. p. 42.
If there be three widows, one the mother of three, one the mother of four, and one the mother of five sons; the rule as to partition will be the same as it is when they are mothers each of an equal number of sons; that is, if the uterine brothers separate from their half-brothers, and continue united among themselves. their respective mothers will not be chtitled to any several share;—buof they come to a partition among themselves, -then the mother of the three sons will be entitled to a fourth—the mother of the sour sons to • *Josth, or the mother of the five sons. to a sixth part in severalty. Ibid. p. 43. See Coleb. Dig. vol. III. pp. 29,80. * t if there be any number of sons, and one he by any means separated from the others; even if he should be separated by authority of the magistrate, without t consent of any one of them, or against the will of all, the mother shall be entitled to her several share. Cons. H. L. p. 47. See Ibid. p. 43. t The mother shall not be entitled to share in the property acquired by the individual exertions of one of her sons, nor in the property acquired by the joint exertion of them all, unless it shall appear that such acquisitions were made out of the patrimonial wealth, in which case, she shall be entitled to share in the increase of the patrimonial wealth, upon partition. Cons. H. L. p. 51.
