VYAVASTHA”-T) AR,PANA.. * 467 Twhat a brother has acquired by his labour, without using the patrimony, he need not give up without his assent; for it was gained by his own exertion (e).” Manu and Vishna. (e) Since the patrimony is not used, there is no exertion on the side of the others, through the means of the common property; and, since it was obtained by the man's own labour, there is no corporal effort on the part of the rest: it is, therefore, the separate property of the acquirer alone. , 蝎 ... • . - 歌 ii. whatever else is acquired by the co-paroener himself, without detriment to the father’s es tate, as a present from a friend, or a gift at nuptials (o), does not appertain to the co-heirs. JA - anyavAfkyA. • . (o) 'Gift at nuptials'—that is, received from the parents-in-law by reason of having become their son-in-law. W. Dá. Kra. Sang. pp. 77, 78. Here the mention of “a present from a friend” സ്കൂർ so forth is intended for illustration only ; since it is in such modes that acquisitions are usually made without expenditure. III. Wealth gained by science, or earned by valour, or what is soudáyika(k), belongs, at the time of partition, to him (who acquired it); and shall not be claimed by the co-heirs. Vyasa. (k) What is obtained through favour or the like, from a father, ungle, or other kind relations, ів воиdayika. IV. 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. WYA's A.
- See Coleb. Da. bhaí. pp. 109, 110. See W. Da . Kra. Sang. pp. G9.-83. Coleb. ibig. vol. III. pp. 882–385.
An expenditure of wealth for notorishment, or other use, must however necessarily be made even by a person remaining at home; and such expenditure is not designed for the acquisition of wealth: but its having been actually intended sor that purpose is a requisite (to its being the cause of gain.) consequently the supposition does not go too fur. Accordingly Vishwaltus?A has said: “When wealth is not a. quired by giving (or using) paternal property, it is declared not to be common, merely because property may have been used for food or other necessaries; since that is similar to the sucking of the (mother’s) breast.” . Hence though much wealth belonging to the father have been expended in festivity at the son's initiation, or at his wedding, what is obtained by him in alms during austerities as a student or received on account of his marriage, is not cominon ; for that expenditure of wealth was not made with a view to gain. Da bha. p. 124. -> - * * - ● The rest of the brethren ean only claim shares of that 'wealth, for the acquisition of which money was expended (out of the family estate), or which was acquired by learnivo attained through the instructions of the father with a maintenance provided "out of the patrimony. Accordingly it is remarked by JI’MuTAvAsir ANA, that wealth acquired by the use of the common stock employed for that very purpose, iş justly considered as joint property. - Colcb. Dig. IlI. p. 341. . The practice of dividing wealth gained by receipt of presents without expenditure of the joint property, which is observed to prevail among virtuous people, is not however unsuitable, whether founded on the mutual affection of the brethrea, or on a many sentiment. Ilid. p. 125. - Authority . Authority Authority Authority
