WYAWASTEIA-DARPANA. 780. peculiar property, and she was competent to alienate it. Supposing then that the property came to Kishenmunee by inheritance, and that at the time of her death Beidnath Kobraj, the original defendant, was alive, he, as the son of the daughter of Monohur Kobraj, the paternal great grandfather of Kishenmunee, was entitled to succeed her; and in that case Gosaen chunder Kobraj, the son of Beidnath, is entitled to it; but if Beidnath died before Kishenmunee, his son, the present appellant, has no right to the property inherited by Kishenmunee, because the son of a daughter's son has no right to his great grandfather’s property. Jyemunee has no right of succession to the property inherited by Kishenmunee, on the death of the latter, because the property so inherited by Kishenmunee from her father cannot go to her father's brother's daughter. The property inherited by Kishenmunee, supposing any to be in existence, will on her death go to the heirs of her father Gunganarain, in the order stated in the Shùsters.-The authorities are Manu, the Dáyabhága, Dáyatattwa, Dáyakramasangraha, Nárada-smriti, Dáyarahasya, Vivádárnanasetu, Vivádabhangárnava, Suddhitattwa and other tracts. lst. Kátyáyana cited in the Dáyabhāya :- If a man die without son, grandson, or great grandson, his wife shall succeed to his property. The wife should during her life-time live in her husband's house, and make no waste or unnecessary expenditure of the estate. After her death, the property will go to her husband's heirs.” 2nd. Dāyahháza – The word wife in the above text is illustrative, used to shew the law as applicable generally to all women who acquire property by inheritance.” 3rd. Närada-Smriti —‘The sale, gift, or pledge of houses and land acquired by women by inheritance, without some special necessity intervening, is illegal.” 4th. Yūjnyara/k/a (Jágnyavalkya ) cited in the Virádarangárnara and others: “Whoever inherits the property of another, must pay the debts of him from whom he inherits.” • 5th. Kátyáyana as cited in the Dáyalhága — ‘Whatever a woman, either before or after her marriage, in the house of her husband or her father, receives from her lord or her parents, is termed the gift of affectionate kindred.’ 6th. Kásyāyana cited in the Dáyabhága —” A woman may sell, give, or pledge her soudáyika stridhan, even though consisting of immovable property.” 7th: Dáyahháza – The right of succession of the offspring of the grandfather and of the great grandfather, including the daughter's son, must be understood with reference to the order of proximity observed in offering the funeral cake.” 8th. Dāyaāháza – A daughter's son is the giver of funeral oblations, the son of a daughter's son is not the giver of funeral oblations.” 9th. Boudhāyana cited in the Dáyabhāga —“Men who are born blind, &c., and women, cannot inherit.” If any one ask how is it that, if women do not inherit, a wife, daughter, mother, and grandmother, and some other women, are allowed to inherit? the answer is, because there are special exceptions in the Shátters in their favor. - On the receipt of the above reply, Mr. Shakespear put a further question to the pundit, with reference to the doubt which appeared from the petition of plaint, as to whether Kishenmunee sued for her share of the property in right of succession to her father Gunganarain, or under the gift made to her by her cousin Bhyrub Kobraj. * . “Supposing a woman to sno for property in right of inheritance, and also on the ground of a deed of gift, and obtain a decree generally without specification of the particular ground on which her claim was recognized, and then make a gift of her property to another, is such gift valid or not ?” *
