DIGESTED INDEX ΧΧΧΙΙΙ. CHAPTER II. — PAIRTITION. TIME OF PAR TITION BY A FATIHER. While the father's right subsists — 107 His choice alone determines the time for making partition of his own acquired estate 168 But the father's will associated with -c.cssation of the mother's catamenia determines the time of partition of the ancestral property ... = «» д: 169 The term ‘mother' comprehends also the stepmother _ _ _* 够曼 够 ■ 鹼 彎 170 In sact the father's choice, preceded either by the circumstance of the mother being past child-bearing or by that of the father being incapable of eonnubial intercourse, determines the time of partition of the ancestral property... 令 命 馨 *源 最 玛 爱爱 娥 镑 姆 s = a 171 The brothers divided by the father shall give the portion of the after-born brother ... See Participation of a son begotten after partition. Partition without the father's consent illegal.--Dut, with his consent, binds him though absent at the time.-And without his consent does not bind the son who made it.—Maen. H. L. Page 3 #1 311 341 31.1 341 vol. 11. Ch. 5. case 4, (pp. 148—150) ... 鱼姆 爱 _ e e ∈ 跟 象 ● 姆 治 娜 ... 245–347 PARTITION OF THE FATHEIR'S SELF-ACQUIRED PROPERTY. 172 Partition of the father's own acquired wealth is regulated by his will alone, a s حو 7:; The father is at liberty to reserve as much as he may choose of his own acquired property. 哆 略 * 略 曝》姆 8 经 影 够影 略 ~ .ه ه = 174 If the father make an unequal distribution of his own acquired wealth, being desirous of giving more to one, as a token of esteem, on account of his good qualities, or for his support on account of a numerous family, or through compassion by reason of his incapacity, or through favour by reason of his piety; the father, so doing, acts lawfully. 175 Should he make unequal distribution of his own acquired property without any of the aforosaid reasons, such division is not moral. ... ● 疹 ● @ @ 強 哆姆 象 176 Unequal partition is lawful when grounded on the reasons aforesaid. 177 If the father give a greater portion to one son, and give less or none to another son, through perturbation of mind occasioned by acute disease, wrath, &c., or through the influence of excessvic partiality on his mind, from love, or the like, such distribution is invalid. ... _ 蜂 曾 始 s 發 發 s o go 4 - 2 ● ● 够 哆 歌 ● 哆 ● 锋 漫 叠爱 爱弱 馨 s M ء 178 The decision therefore is this:–If the father give a greater portion to the sons dutiful, and so forth, the partition is moral as well as valid ; if he give less to one and more to another, through perturbation of nuind occasioned by disease, &c., or disinherit any son, such an act is not valid ; if he without regard to merit, such as dutifulness and sofort, , or without perturbation of mind, but only at his pleasure, make an unequal distribution, it is valid though not moral, 輸 發 喙 曝 曦 翁 叠 爱 总 Bhowani Charan Bănariyā versus the heirs of Râm Kánta Bănarjyą, 27th December 1816, 347 317 349 349 351 353 S. D. A. R. vol. II. pp. 202—215. ... _ 臀 曲 鴿 峪 發 ↔ ● ● 始 钴 峻 ... 373–383 179 When sons unanimously request partition, the father shall not make unoqual distribution on account of (silial) piety or the like. ● 象哆 The sons are incompetent to disturb the distribution made by the father, even though there be no document forthcoming .They are entitled, however, to sharo equally the ancestral lands. Macn. H. L. vol. II. Ch. 5, Case 2, (pp. 146, 147) ... é酸● 353 355 Vyavaabhá jo 33
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