VYAVASTF HEA*....) ARPANA. 487 ... ... Foy, if it be assumed that the ignorant parcener has no right whatever in the books, then, supposing books only to constitute the common property, when a partition took place the ignorant parcener would entirely be deprived of his share. This is however inadmissible, since it would be at variance with the text which declares : “They who are born, they who are: yet unbegotten, and they who are actually in the womb, all require the means of support; and the dissipation of their hereditary maintenance is censured.” Ibid. ' * – f : - یم. In like manner, whatever is adapted to the exercise of the arts,. should be. long to those of the heirs who are artists, and not to the unskilled.” The rule above stated holds equally good in this instance. II. $No division of a dwelling takes place; nor of water-pots, ornaments, and things not of general use (k), nor of women,. clothes, and, channess for draining water: PRAJA PATI has so ordained.”* SHANKIIA and LIKHITA.
- - (k) Things not of general use] As books for illiterate persons and so forth.*
Therefore, as much should be taken by each person as will supply his wants. There is not, in this instance, a restriction of equal shares.* I81 A. house, garden or the like, which one of the co-heirs had constructed with in the site of the dwelling place, during the father's lifetime, remains •his indivisible property.” - - For his father has assented by not forbidding the construction of it. PARTICIPATION OF SONS BEGOTTEN AFTER PARTITION: 182 If the father, having separated his sons, and having reserved for himself a share according to law (g), die without being reunited with his sons; then a son, who is born after the partition, shall alone take tro ..sather's wealth ; and that only shall be his allotment.f Thus GoTAMA:—“A son, begotten äfter partition (j), takes exclusively the wealth of his father.”% . . ... • (g) By the term ‘according to law' it is thus hinted that, if the father, through ignoranee of the law, have made a partition in which he took a very small share for himself, his son, afterwards begotten, shall receive a due allotment from the brethren.t (j) IIe, of whom the conception was subsequent to the division of the estate, is a son hegotten after partition ; being procreated by a person, who is separated (from coparceners :) for, without conception there is no procreation.t e Coleb. Da: bha”. pp. 188, 184. W. Da.. Kra. Sang. pp. 182, 183, Coleb. Dig. vol. III. 373—385. © . -
- Coleb. Dá bha' p. 136 coleb. Dig vol. III, pp. 434–440.
Anulı. •rit y ' Vyawas tha Vyavastha' Authority
