VʻYAVASTIHA-DARIPA.N.A. $9.5 ceremonies, in the name of the husband and his ancestors ? 3rd. If a zemindar die leaving a son, whose mother is dead, and a second wife, is it customary and legal or not to authorise the 2nd wife to adopt a son, on account of probable disagreement between her and the son of the first wife, or on any other account, except in the event of the death of the son by the lst wife Ith. If Soondernarain was not adopted by Soogunda under authority from her husband; or it his adoption be not proved, or, though established, he not of avail in law ; who were the legal heirs at the demise of Ranee Songunda to the zemindarce in dispute, possessed formerly by Raja Jadooram; then by his son Koornarain ; then by Jynarain, son of Koornarain; and after Jynarain's death, by Sounda, his step-mother, there existing, at Soogunda's demise, Bishenpria and Hureepria, daughters of ltaja Jailoram, Shamapershal, Anunillal, Nundlaul, and Lukkhinarain, sons of the said daughters of Jadooram ; and there now existing also Moodoosoodun, and (iunganarain; two other sons of the daughter of Jadooram, who have been born since the lemise of Songunda • The answers returned to these questions by the Pundits were as follows: 1st. When a woman, after the death of her husband, adopts a son under authority received from him for that purpose, it is not lawful or customary to execute an instrument of the purport of the Aiyuu/u/ru ; and 'bough such at instrument he executed, the adopted son, during the life of the woman adopting im, bec, ones proprietor of the estate left by the husband and his deceased on. The widow is at t clit it lood to lossess the costate hy virtue of such a document. 2nd. When a woman, under authority from her deceased husband, adopts a -on, thenceforward the ceremonies unchtioned must be performed by the adopted son in whom the right vests ; not by the widow." §rd. If a Zemindar have two wives, and, by the first, who is deceased, a son eleven years of age, and no son by the second ; in such case it is not lawful for the zemindar, when ill, a few days before hio death, on the representation of his second wife, that there would not be cordiality between her and the son of the first wife, to give authority to his second wife to adopt a son, in va-v of disagreement with the said son. Rut provisional authority to adopt in the event of the death of such on, would he lawful. And if a zemindar, having a son of his body, with the consent of such son, or from a wish to have in re sons (for the performance of religious acts) give authority to his wife to adopt a son, such authority, according to the Shasser and usage of the country, is ławful.” 4th. If itance Soogunda adopted Soondernárain without anthority from her husband, or his adoption be not valid in law, the zemindarce in dispute legally devolves after the death ,,f Sagunda ti · Shainapershad, Ammillal, Numillal, and Lukkliinarain, sons of tlu, daughter- of Jadoorant, who were then alive, and to Gunganarain and Muddoosoodun, two other sons of the daughters of Jadooram, who are since horn, the whole six heirs being now alive, in equal proportions, The Pundits were further questioned by the Court, whether, supposing one or more sons, to be hereafter born Huropria, the surviving, daughter of Jadooram, they won!d be entitled to any share of the inheritance; and it was declared, in answer, that they would he cititled to share with the other daughters' sons of Jadooram, who are now living. Whether a Hindoo, having a son of his body, can in any case authorise the adoption of a Ron during the life of such son of his body, appeared to the Court an important question of law not
- To authorise one's wife, with the consent of the son of his body, to adopt a son, is consonant to the law as current in the Benares school and the other bohovli hubordiuate thereto, but not to the law and usage of Bengal.
