WYAWASTHA-DARPANA, 836 necessity for the substitute for one's own son is not wholly superseded by a brother's son, inas much as he cannot prolong his lineage, unless legally adopted." Consequently,– 486 The substitute for a son is necessary, notwithstanding the existence of a brother's son.† The other reasons, why a man, though he have a brother's son (and thereby be the father of a male child,) should have a substitute for a son of his own, are these: I. The position, that the son of a brother, though unadopted, hears filial relation to his paternal uncle, on account of the text of Porth it Parisart, above cited, is refuted. For without an act of the adoptive parent, filiation, as his son, is not accomplished. Therefore, the text of Mlans and Vrihat Pariwara are not pertinent, to the extent of their verbal import; for, thirteen descriptions of sons would be the consequence.—See D. Mim. Sect. II. § 53, 55. II. And morover, the assigning, in the following text, of the fifth place, in the order of succes. ston, to the estate of one, who died without male issue, would be contradicted: “The wife, and the daughters, also: both parents, brothers likewise, and their sons, &c.”—The exposition of this, is thus. If the brother's son, though unadopted, bear filial relation (to his uncle, ) the enumeration of the brother's son, on account of his wanting such relation, in the fifth place, in the order of succession to one dying without male issue, would be contradicted. The same also must be understood, in respect to the right in gradation, to perform the obsequies, as declared in this and "ther texts, “The son, the son of a son, the son of a grandson: like these, the offspring of a bro. ther, or, that of a Sapinda also, are born, oh king ! capable of performing obsequics.”—D. Min, Sect. II. § 59,60, III. Morover in the case, where, of ten whole brothers, five have each ten sons, and five are wholly destitute of male issue, it would follow that the five brothers destitute of male issue would have each fifty sons; and it would also result that the fifty sons would severally have ten fathers; thus, there would be a great absurdity.—Nor, would an intended consequence thus - As the capacity of prolonging lineage does not obtain in a brother's son, although such hon may exist; (he, or if any impediment exist, another) inust be affiliated, as a son given, and 80 forth: there is in this respect a material difference. I). Ch. Seet. I. § 26. f It is true that a brother's son, as such, inherits, and performs obsequies to hir uncle, dying without Poorable heirs; but then it is as his nephew, not as his son; and the spiritual efficacy, in the one and the
- her case, is considered to be different. To render him a ubstitute f * £1*&* *stagw : , sir. H. L. vol. I. р. 74. £o substitute for a son, he must have been affiliated
th a به ۲ ه (۲ Authority,
