VYAwAsTHAEDARPANA. †094 That must be expounded as signifying that the first six may take the heritage of their father's collateral kinsmen (espisdas and sanánadalas; y if there be no nearer hair, but not so the last six.–: Mitážskará, Ch. I. Seet. 11, § 30, 31, p. 317. Respected and adopted by many authors, this reconciliation is the prevalent one, as being applicable to the present age : the other, made as it is by distinction of the daftaka son's being endued of not endued with qualities, is at present quite useless, a dattaka son endued with good qualities being are in the Kali age. Consequently,– 594. The dattaka or given son is entitled to inherit from a bandhu of the same race as his adoptive father, but not from a bandhu of a different raco, The commentator om the Dattaka-ciandrikã hae, in his Synopsis, exclusively adopted the above mentioned doctrine of Kaluta Bhatta. Thus: “As a daitaka son is entitled to inherit from his (adoptive) father, so is he entitled to the property of his maternal grandfather the other bandous or cognates: this is according to the doctrine of the Dattaka-Chandrité." But (although ) many of the sages have included the dattaka son amongst the last six sons, yet Manu, who held the first rank amongst legislators, having included him among the first six, the compilers of the Digests have come to this decisios that a dattaka sq9 is entitled to inherit from those bandows who belong to the gotra or race to which his adoptive father belonged, he shall not be entitled to the property of the bandhus of a different race, (such as ) the maternal grandfather and the rest. This opinion is accepted and acted upon by the Courts of justice; and the decision has reconciled all the texts. Those legislators who declared the dattaka son not entitled to the property of bandhus, must have meant the bandhus of a different gotra or race, that is, the maternal grandfather and the like. And the other legislators, who recognised the dattaka son to be entitled to the property of landhus, must have meant them to be such bandiwe as are of the same gotra, (viz.) the paternal grandfather, brother, and the rest. For authority hereof, see Manu (Sanserit,) page 14, verse l58.”f Another point, which has been the subject of much discussion, is, as to whether an adopted son by the dattaka form succeeds collaterally, as well as lineally; but this may now be fairly said to be set at rest, and decided in the affirmative. It is true that Jimétavékana, in the Dáyabhāga, has contended that the son adopted in the dattaka form cannot succeed to the property of his adopting father's relations; but the doctrine, being in opposition to the text of Masu, cannot be held entitled to any weight. It should be observed, however, that a son so adopted has no legal claim to the property of a bandis or cognate relation: for instance, if a woman, on whom her father's estate had devolved, adopt a son with the permission of her husband, the son so adopted will not be entitled to such estate, on his adopting mother's death. It will go to her father's brother's son, in default of nearer heirs. This point was determined • By a dattaka son, entitled to inherit from a bandhu, is, however, meant, in the Dattake-Chandriká, that son who may be endued with good qualities; inasmuch as the commentator, for his authority refers to line 20, page 80 of the 8anserit take-Chandrikā, published by himself, but this line, the translation whereof is as follows: ("Therefore, by the same relationship of brother, and so forth, in virtue of which the real legitimate son should succeed to the estate of a brother or other kinsmen, where such son may not exist, the adopted son) takes the whole estate even'—) is the consequential clause of the lines 贸and 19 just above it, wherein the title and non-title of a dotteko won is recognised, in accordance with his being"enâued with good of bad qualities. 8ee D. Gh. Seot. V. § 22, 28, arji ante, p. 1090. t By this he alludes to the interpretation, reconciliation, and determination of Kolláka Bietts already noticed, Wyawaathi, Additinant Authority.
