VYAVASTHA”-DARPANA. 46.9 Since it is expressed in general terms, “what he gains solely by his own ability,” all property, so acquired, being his own, is not common. But as the gains of science, though obtained by-the mati's own ability, are shared by parceners equally or more proficient in knowledge, the phrase ‘nor that which was acquired by learning’, is subjoined for the sake of excluding illiterate or less learned parceners.
- 174° If one of the co-heirs, without expenditure of the joint funds or unaided by vyayasthé the exertions of the other co-heirs, recover ancestral property usurped (before), such
property is not divisible among them.* - 酸 蛾 o 够 - - He who recovers (g) hereditary property, which had been usurped, shall not give it up to the Authority co-parceners : nor what has been gained by science”. Ja'anyavs Lkva. r (g) The word “recovers” being used in the singular number, it is neant that the recovery g 参 歌 o te .جمی must be even without the corporal aid of another. Siti KR1s.INA’s commentary on the slava/haga, Sans. p. 120. ... Thus the author, denying the right of unseparated co-heirs, in the property, because it has been recovered, although a trace of the former right exist, demics the reinoter title of the rost to wealth originally gained by the man himself”. The declaring of property common. merely because it was gained by an unseparated co-parcener, is not (therefore) grounded on authority The rule must be understood in the instance of any such hereditary property, other than land, exactly as in the case of property not hereditary, but acquired by the man himself. (I) i. bhá. p. 135). Regarding land there is an especial rule. . See an/e, 1 p. 363 & 461. This therefore is ascertained fram the above and other texts :-- What has been aequired by a separated or an unseparated parcener without adventure of the joint stock, and without the corporal aid of another, belongs exclusively to the acquirer, and is indivisible with the rest.*
می. . . . There is only a distinction in regard-to the gains of science, which is as follows:-- 175 What is gained through any science not acquired from a member of the Vyavastha' family, and without the use of the joint-stock, f is not liable to partition among the less learned and ignorant co-heirs, although divisible among the parceners of equal or superior learning. *:
- See W. Da: Kra. Sang. Pp. 78, 79, 71 & 72: Coleb. Đa’. bha. pp. 117 & 120. coleb. Dig. vol, III. pp. 882—385. 象
it see Fyanastha, No. 166. 107 & 168 and the authorities relative there to
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