WYAWASTHA-DARPANA. 1174 ADDENİ)A. Abstract of THE LAw or INnearraNos, ಕ್ಷಿ. As CURRENT IN THE Schools отнки тнак тндт ок Ввході, The inchoate right arising from birth, and the relinquishment by the occupant (whether effected Cause of heritable by death or otherwise) conjointly create the heritable 3;ht་ the inchoate right which previous- right. ly existed becoming perfect by the owner's death (natural or civil) or his voluntary abandonment." When a person's right of property ceases by death, by degradation, by the quitting of the Order of succession. condition of a householder, or by voluntary abandonment, the property devolves on the son; in default of the son, the grandson, and failing him the great grandson, takes the inheritance; the grandson, whose father is dead, and the great grandson, yhose father and grandfather aro dead, inherit simultaneously with the (late proprietor's) surviving son; such grandsons and great grandsons, however, inherit per stirpen and not per capita, In the case of the property having been already divided, the widow succeedst in default of the great grandson; she cannot, however, ஆ of the smallest part by gift, sale, or the like, except for purposes indispensably necessary, and certain other objects recognised by law; it follows then that she can be considered in no other light than as a holder in trust for certain uses; so much so, that should she make waste, they who have the reversionary interest have clearly a right to restrain her from so doingt. In default of the widow the daughter succeeds'; if there be an unmarried daughter, then, according to the law of Benares, she would take the inheritance to the exclusion of other daughters; failing her, the guecession devolves on the married daughter who is indigent; in her default the wealthy daughter succeeds; but no preference is given to the daugther who has, or is likely to have, ஃ issue, over a daughter who is barren or a childless widow. According to the Mithilá law also, the unmarried daughter succeeds first; failing her, the married daughters are, without distinction, entitled to the inheritance; the daughter who is married, and has, or's likely to have, male issue, is not preferred to one who is widowed and barren ; nor is there any distinction made between indigence and wealth. In default of the daughter, the daughter's son inherits' if there be many daughters' sons, they inherit per capita and not per stirpes. The Mitkilá authorities hold that the daughter's son should succeed after (that is, on failure of the king, and thereby determine, though indirectly, that the daughter's son should never succeed. Failing the daughter's son, the mother;, in her default, the father succeeds. The father, however, would succeed immediately after the great grandson in the ease of the estate being joint and held in exparcenary (excluding the widow and the rest.) In default of him the brother of the whole blood succeeds, in his desault the brother of the half blood; then, their sons inherit successively; next the paternal grandmothers, then the paternal grandfather, the paternal uncle of the whole blood, of the half blood, and their sons suc. cessively succeed; next the paternal great grandmothers, the paternal great grandfather, his son and grandson successively; then the paternal great grandfather's mothers, his father, his brother, his
- See Macn. H. L. vol. I, 2. Anto, pp. 5,11, and 17.
+ According to the doctrine of the Smriti-Chandricâ, which is of great an! parum sunt authority in the South of India, a widow, being the mother of daughter", takes her husband's property, both movable and immovable, where the family is divided but a childless widow takes only the movable property, where there are two widows, one the mother of danghters, and the other childless, the former along takes the immovable estate, and the movable property is equally divided between them. t According to the Mitäkshará, however, the property inherited by a widow becomes a kind of Strihan, and it being so, she may be at liberty to mako ay disposition thereof. This authority, however, does not lay down that, instead of her husband's heir, the heir of her proper stridhan would succeed to auch property after her death; but from the manner of the writing it inay be concluded that it ே devolve on the heir of her husband and not on the successor to her other stridhan, And the . Virmitrodoy, which also is a great authority in Bouare, has clearly laid down that, after her death, the heir of her husband shall succeed to the property inherited by her from him. § The daughter, mother, grandmother, great grandmother, and groat'great grandmother too, arc, like the widow, restricted by law from making a gift or other disposition of the property without a proper and legal cause. And they, as well as the daughter's son, are not entitled to inherit is the property be joint and undivided, in which case they, and they only, who are said to have been entitled, on the non-existence of the widow and the rest above mentioned, would inherit-side Macn. H. L. vol. 1, p. 22
