VYAVAGY HAk“. DARPANA. 4:91. mostgaged, on whatever price he did not pay after parchasing (a thing.) all these should be performed by him only. Saikaishna's Comment on the Dayahiaga. Sans. p. 149. - 186 If the sons were separated [from the father] while his wife was pregnant but not known to be so, the son, who is afterwards born [of that pregnancy,) shall re o ceive his share from his brothers (b). - (b) “Shall receive his share from his brothers'—This must be understood where the father remains separate, having reserved for himself what ought to be reserved by him, and having given the residue to his sons.” But if the father be dead, the shares of him and of the brethren thust be thrown together, and divided, according to law, by all the brothers.” 187 If a share were previously set apart for the child in the womb, the wife's pregnancy being known, all shall participate in the father's allotment (after his demise), provided there be no son begotten after the partition. 188 If a man, having made a partition whith his sons, and again residing with any one of them as a re-united percener, die after bogetting another son, this last born child shall be sole heir of his estate. Coleb. Dig. vol. III. p. 553. According to the text of MANU amd NatAda above eited. Vishnu and JAGNYAvALKYA have directed, that an allotment shall be received (by the son born after partition) from his brothers; Manu, VainashPATI, and Gotama, have ordained, that the son born after partition shall not receive it from them. On this seeming contradiction, the author of the Prakasha, CHANDEshwana, Misha, and Suu LPANI remark, ‘if the pregnancy was not certainly known at the time of the distribution, in that case, (should a son, who was then in the womb, bé born after it,) he shall obtain his share from the brothers; but a son begotten subsequently to the partition shall only obtain the estate of his father.” But if the pregnancy be manifest, no partition can be made: so the author of the Prakasha, and CHANDESHWARA. Yet, if the co-heirs cannot wait so long a time, one share ought to be set apart for the child,
- oooo. Po bhs. p. 138. Sarkalaunas Commentary on the Dája bhága, sans. p. 147. colab. Dig. vol. III. pp. 484—440.
Vyavastbá Wyavasthá Vyavasthaï
