পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৬১৯

উইকিসংকলন থেকে
এই পাতাটির মুদ্রণ সংশোধন করা প্রয়োজন।

vyAYASTHA'-DARPANA. 497 Thus VIIHAspati : “Among brethren who being once separated, again live together through mutual af23tion, there is no right of primogeniture, when partition is again made.” 匈

Not only brothers, but also the father and son, paternal uncle and nephew, and other parceners can be mutually re-united. See ante, pp. 207,t 209. From the term “there is no right of primogeniture, it is deducible that, in the partition after re-union, as the eldest brother has no right to a deduction in addition to his share, so a father has no title to the double share, nor is any one else entitled to a larger portion: conceguently,– 194 The rule of distribution after re-union must conform with the original allot. ment of shares." 195 : If a person die leaving no relative nearer than his re-united parcener, then the latter succeeds to his property in preference to the un-reunited parceners, though in the same degree of affinity.; 哆 அ Because here the claimants being in an equal degree of affinity, the re-united parcener is held ... of 're: 2: to those not re-united, according to the text “a re-united parcener is heir of a “...ited one”. - If a re-united pureener die. possessed of any undivided property, the right thereto devolves • his re-united-parcener only. For the text: ‘a re-united parcener is heir of a re-united one’ shows that the brethren who have renewed co-pareenery exclusively inherit the wealth of a re-united parcenero Coleb. Dig. vol. III. p. 554. Coleb. Da. blia'. p. 228. W. Daí, Kra. Sang. pp. 85, 86. Coleb. Dig. vol. III. pp. 549-556. 'us The meaning of the phrase: “The distribution must conform with the original allotment of shares or their allotments follow the proportions before ordained,” is, that the division shall be made in that proportion and mode which were observed in the first instance; for this is no less a partition (tban the former distribution wa8). Coleb. Dig. vol. III p. 550.

海 So the eldest brother shall not get a deduction (in excess of his equal share) nor shall the father have the double share, if he did not get the same in the first partition. t IIow re-union is effected is also stated at pagg 207. g. v.

See ante, pp. 187—209. See Coleb. Dig. vol III. pp. 554-556.

Vyavasthá Wyavasthá