WYAVASTHA-DARPAN A. #64 H. " Immovable property, which has been given by parents to their daughter, goes always Authority • to her brother, if she die without issue.*-Wriddha Kátyáyana. (e) For it appears that the brother's right of succession is founded simply on her leaving no issue. The remark of Wiswarupa, that property of a childless woman married by any form of nuptials, from that of Bráñma to that of Pishácha, goes to her brother, should therefore be respected. Under the term “immovable,” the same must be true of other property by the argu. ment a sortiori,f exemplified in the loaf and staff.” III. Wealth received by a woman after her marriage, from the family of her father or mother, or of her husband, goes to her brothers.” 464. In default of the brother, the mother succeeds; failing her, the father Vyavastha succeeds.” “The sister's fee belongs to the uterine brothers; after them, it goes to the mother: Authority. and next to the father. Some say, before her.”—Gouluma. y The meaning of the passage is this: in the first place that property goes to her brothers of the whole blood. But, on failure of them, it belongs to the mother. In her dosault, it dewords on the father. Some say before. This is stated as the doctrine of others.” Therefore, the property goes first to the whole brothers; if there be none, to the mother, if she be dead, to the father.” 465. On failure of these, it devolves on the husband.” У yaya-t}га That, which has been given to her by her kindred, goes, on failure of kindred (o), to her hus- Authority band.*—Käsyāyana. (0) By saying “on failure of the kindred,” the failure of brothers is likewise indicated. For, since the parent's right of succession is in default of brothers, (the failure of the preferable claim) must be concluded bythe argument a fortiori, exemplified in the case of the loaf and staff
- Coleb, Dar bha”. pp. 90-95, W. Da.. Kra. Sang. pp. 50-53.
t That is, a staff having been thrust through a loaf, the loaf is missing, and the staff is observed to have been knawed by rats: it is concluded, that the loaf has been devoured by them. This example of analogy, to which frequent allusion is made, in argumentative writings, is variously stated. According to one explanation, the reasoning, exmplified by it, is analogy drawn from association. According to another, it is an argument a fortiori. See Coleb. Da. bhas. p. 30.
