व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

88 VYAVAHĀRAMAYŪKHA [ S. IV 4. 3-6 / M. p. 82 l. 17 p. 40 l. 18
declared that partition may take place at the choice of the father even if
( the mother ) be not past child bearing
Bṛhaspati ( p 370 v 2 ) declares that partition may take place in some
cases even against his ( i e the father's ) desire
The father and sons are equal sharers in houses and lands that descend
hereditarily ( i e from their ancestors ) sons are not entitled to partition
against the fathers will of their fathers ( own ) property ¹
The meaning is that it follows as a matter of course that they ( sons )
can claim partition even against his ( father's ) will of what was acquired by
their grandfather and the like² Even as regards the grandfather's property
Manu ( 9 209 ) and Viṣṇu ( Dh S 18. 43 ) declare that partition takes
place in some cases only at the pleasure of the father
If a father recovers the property of his father which the latter could
not recover he ( the father ) if unwilling will not have to divide it with
his sons, ( since ) it is his self-acquisition

• Bṛhaspati ( pp 371-72 vv 12-13 ) says
  Over the property of the grandfather seized ( by strangers ) which was
  recovered by the father through his own power and over what was
  acquired by him by his own learning bravery or the like, the father's
  ownership has been declared ( in the smṛtis ) From that wealth he may
  make a gift or he may enjoy it at his pleasure.
  Nārada ( p 198 v 16 ) says :-
  A father who is afflicted with disease, who is under ( the influence of )
  wrath, whose mind is addicted to sexual desires who acts contrary to
  what the śāstra ordains has no power to make a partition ( at his own
  will )
  Hārīta says³ :-
  Even when the father does not desire ⁴it partition of riktha ( ance-
  1 There is great divergence between the Mit and the Dāyabhāga about the times for
  partition. The school of the former gives four times for partition while ( 1 ) father is alive at
  his will, this is ( Yāj. II 114 ) ; 2 during father's life when mother is past child bearing or father
  is indifferent to the world sons may partition even against father's will ( in Nārada's word
  above) ; 3 in father's life when he is patita or quite infirm through old age or suffers from
  incurable disease ( vide Hārīta quoted below ) ; 4 after the father's death ( Yāj II 117 ) The
  Dāyabhāga specifies only two times: (1) when his ownership ceases owing to his being patita or
  indifferent to the world or when he dies and ( 2 ) when though living he desires to divide his
  wealth.

2. In Jivabhai v Vadilal 7 Bom. L. R. 232 at p 235 and Kaliparshad v Ramcharan 1
   All 150 (F.B.) at p. 161 this text of Bṛhaspati and the Mayūkha's remarks thereon are quoted.
3. This is ascribed to Śaṅkha by the Mit., Aparārka Parāśara Mādhavīya and other
   works
   4 Mandlik translates if the father be free from desire old &c But this is wrong
   as Nīlakaṇṭha's quotation from Madanaratna and remarks thereafter show
   P 96 ( text ).