vYAWASITHA-DARPANA. " 1176 brother's son, successively succeed. In default of all these, the sapinda, in the same order as far as the seventh degree in ascent (enumarated from the late proprietor inclusive.) In default of sapiadas, the succession devolves on the samásodakas, skinsmen allied by a common libation of water) who are kinsmen as far as the fourteenth degree, including those above enumerated. In default of the samásodakas, the leadius or cognates succeed. These kindred are of three descriptions, personal, paternal, and maternal. The personal kindred are the sons of his own father's sister; the sons of his own mother's sister, and the sons of his maternal uncle. The paternal kindred are the sons of his father's paternal aunt, the sons of his father's maternal aunt, and the sons of his father's maternal uncle. The maternal kindred are the sons of his mother's paternal aunt, the sons of his mother's maternal aunt, and the sons of his mother's maternal uncle. In default of them, the Archärjya or spiritual preceptor, the pupil, fellow student in the Pedas, and Brahmena learned in the Pedas, successively succeed; and lastly, always excepting the property of Brahment, the estate escheats to the ruling power. In the Wyarahára-Mayitkha, an authority of great eminence in the west of India, a considerable deviation from the above order appears, and the heirs after the mother are thus enumerated. The brother of the whole blood, his son, the paternal grandmother, the sister, the paternal grandfather, and the brother of the half blood, inherit together. In default of these, the sapindas, the samánodakas, and the bandhue inherit successively, according to their degrees of proximity. -- Adoption. 4. The law of adoption does not exhibit much conflict of doctrines between the several schools. It must be known, however, that in Bengal and Drávira (the Deccan) the Dattaka-Chandriká being respected and followed in preference to the Dattaka-Mimánsá and the other works son the subject,)* the adoption rules followed in this country are the same as those in force and acted upon in the Deccan; whereas in the other schools the Duttaka-Mimánsá being followed in preference to the other works, the differences (in the doctrines of adoption) betweenthose schools and that of the Bengal or Deccan school are the same as those between the Dattaka-Chandriká and Dattaka-Mimánsá. Of those, the material ones are as follows.--In the schools other than Bengaland Drávira, a Battaka son must be adopted previous to his initiation by the ceremony of tonsure, and before the fifth year of his age. And although a boy, whose tonsure has been performed within the fifth year of his age (in the family of the natural father) maybe adopted, yet he cannot become a Dattaka son in theordinary form,but must be considered an #ಫಿ notwithstanding the tonsure be repeated in the family of the adopter; whereas in Bengal and the Deccan a twice born man may adopt a son before the upanayana, and a Shédra before the marriage, of the boy. In the two latter schools, a wife cannot adopt a son without her husband's consent or authority, whereas in the Benares and other Provinces she can do so with the sanction of her husband's nearest of kin, her father-in-law and the rest. In the case of famine or alike distress, a woman can, of her own authority, give a son for adoption in the provinces other than Bengal, and Drávira. Where a legitimate son is born subsequently to the adoption, (he and the adopted son inherit together; but) the adopted son takes one-third according to the law of Bengal and the Deccan, and one fourth according to the doctrine of the other schools.f
- The doctrines of the Dattaka-Mimánsá, &c. are also respected and followed in this country, with the exception of such of them as are contrary to the doctrines of the Dattaka-Chandriká.—Wide Preface,
. xii and xiii. P In other respects the doctrines of the Dattaka-Mimánsá, &c., generally agree with, and do, not matterially differ from, those of the Dattaka-Chandriká. 122
