VYAWASTEHA'..]DARPANA. - 463 166. Property gained by science with the use of th6 joint stock, must, however, be shared with all the parceners.” I. No part of the property, which is gained by science, need be given by a learned man to his unlearned co-heir : but such property should be yielded by him to those who are equal or superior in science.* Katya yana. II. A learned man need not give a share of his own acquired property, without his assent, to an unlearned co-heir : provided it were not gained by him using the paternal (fi) estate.* NATADA. (6) The word paternal intends joint property.—What has been gained by him without using that, a learned man need not give up, against his will, to an unlearned co-heir : but to a learned or instructed co-heir, he must give a share of any thing acquired by him even without the use of joint property. & III. His own acquired wealth, a learned man need not give up, against his inclination, to unlearned co-heirs.” GouTAMA. What is gained by his personal labour or his separate funds, being his own acquired property, he need not give up, if he be unwilling to surrender it, unto unlearned co-heirs : but he must yield it to the learned brethren.” 167 Whatever property has been earned through valour by brothers, who have derived science from their family (i), or even from their father, is partible : this is declared by VRIHASPATI.” (i) “From the family’—that is, from their own family: the meaning is, that the property earned through valour by brothers, who were taught in science by their paternal grandfather, uncle, and the rest, is partible. Kalpataru and Ratna kara cited by Raghunandana. See 1)a. T. Salis. р. 24. ‘Earned through valour"—that is, the gains of valour aequired by means of the expenditure of the joint stock ; for it will be hereafter declared that property acquired without the expenditure of the joint-stock is indivisible”,
- Vide Coleb. Da^ bha'. p. 112. W. Da. Kra. Sang. pp. 71,72. Coleb, Dig. vol. III. pp. 332–385.
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