WYAVASTHA-DARPANA. 810 younger brother is the first entitled to the succession, because he presents oblations to the woman to her husband, and to three persons to whom her husband had to offer oblations, and he is ever a sapinda.--W. Dá. Kra. Sang. pp. 59–62. Since the text (of Trihaspali) enumerates ‘sister's won,’ &c., if the order of succession conse. tuently be, first, the sister's son, then the husband's sister's son, next the child of the husband's younger brother, afterwards the child of the husband's elder brother, then the son of the bro. ther, after him the son-in-law, and subsequently the younger brother-in-law, the right would devolve last of all on the younger brother of the husband, contrary to the opinion and practice of venerable persons, therefore, the text is propounded, not as declaratory of the order of inheritance, but as expressive of the strength of the fact, (namely, of the benefits conferred.) Thus it is de. clared by Mann, under the head of inheritance: “To three ancestors must water be given at their obsequies; for three is the funeral oblation of food ordained: the fourth is the giver of oblations; but the fifth has no concein with them.” In like manner Jimmyarallyu shows succes×ııııı to property in right of the funeral oblation: “Among these (sons of various descriptions,) the next in order is heir, and giver of oblations, on failurg of the preceding.” The son's preferable right too appears to rest on his presenting the greatest number of beneficial oblations, and on his rescuing his parent from hell. And a passage of Priddhu Shátálapa expressly provides for the funeral oblations of these women: “For the wife of a maternal uncle, or of a sister's son, of a father-in-law, and of a spiritual parent, of a friend and a maternal grandfather, as well as for the sister of the mother or of the father, the oblation of food at absequics must be performal. Such is the settled rule among those who are conversant with the Wallaw.” This then is the order of succession, according to the various degrees (of benefit to the owner of the property) from the oblation of food at obsequics. In the first place, the husband's younger brother is entitled to the woman's property; for he is a kinsman (wapinda,) and presents oblations to her, to her husband, and to three persons to whom oblations were to be offered by her hus band.---Coleb. Dá bha', pp. 97, 98. 471. In his default, the succession devolves at once upon the sons of the hus band's younger and clier brothers.” Because they present oblations to the woman, to her husband, and to two persons to whom her husband had to offer oblations, (namely, to his father and grandfather,) and they are moreover within the degree of relationship termed ‘apinda.’ 472. In their default, the (woman's) sister's son, though not a sapinda, is entitled to the succession.* For he presents oblations to the woman, and to three persons, namely, her father, and the rest to whom her son was bound to offer oblations. *
- W. Da Kra sang. p. 62 coleb. Da. hha, pp. 98, 100-vide Macn. H. L. vol. I. po. Eib. In. pp. ੋ ang, p Q梭 a', pp. Hö, acn. H. L. vol. I. pp. 30, 40.
Vyawawths Reason Vyavantha' Reason
