VYAVASTHA?.DARPANA. " } 178 According to the Mayitkha, an authority of the greatest eminence among the Afakrattas, the restriction as to age relates only to cases where no relationship subsists; but when a relation, or wagotra, is to be adopted, no obstacle exists on aceount of his being of mature age, married, and having a family. In Mifkilo, where the Kritrina form of adoption prevails, there i* no sort of restriction except as to tribe, it being requisite that the tribe of the adopting father and that of the adopted son be the same. There is no limit as to age, and no condition as to the performance of ceremonies; so much so that Keshava Misra, in the Droita-Purishishta, treating of this description of adoption, has declared that a man may adopt his own brother, or even his own father. But he, as well as his issue, continues after the adoption to be considered a member of his natural family, and he takes the inheritance both of his own family and that of his adopting father. Another peculiarity of this species of adoption, is that a person, adopted in this form by a widow, does not thereby become the ੰ son of the husband, even though the adoption should have been permitted by the husband; and the express consent of the person nominated for the adoption must be obtained during the life-time of the adopting party. This relation of Kritrina son extends, as has been already observed, to the contracting parties only; and the son so adopted will not be considered the grandson of the adopting father's father, nor will the son of the adopted be considered the grandson of his adopting father. He does not inherits collaterally, being the ninth in the enumeration, according to Jāgnyavalkya. STRI DHAN. If a woman die “without issue,” that is, leaving no progeny, in other words, having no daughter, nor daughter's daughter, nor daughter's son, not son, nor son's son, the woman's property, given by affectionate friends and so forth, shall be taken by her husband and the rest. —Of a woman, who dies without issue, as before stated, and who had become a wife by any of the four modes of marriage denominated Brähma, Doiva, Arsha, and Préjàpatya, the property, as before described, belongs in the first place to her husband. On failure of him, it goes to his nearest kinsmen (sapiidae) allied by funeral oblations. But, in the other, forms of marriage, called Assura, Gándharva, Rákohama, and Poiahácha, the property of a childless woman goes successively to her mother and father. On failure of them, their next of kin take the succession. In all forms of narriage, if the woman leave progeny, her property goes to her daughter.” And here in the case of competition between married and maiden daughters, the unmarried take the succession; but, on failure of them, the married daughters, and here again in the case of competition between such as are provided and those who are unendowed, the unendowed take the succession first ; but, on failure of them, those who are endowed. But this (rule, for the daughter's succession to the mother's goods) is exclusive of the fee or gratuity; for that goes to the brothers of the whole blood. On failure of all daughters, the grandaughters in the female line take the succession. If there be a multitude of thesesgrandaughters, children of different mothers, and unequal in number, shares should be allotted to them through their mothers. But if there be daughters as well as daughter's daughters, a trifle only is given to the daughter's daughters; on failure also of daughter's daughters, the daughter's sons are entitled to the succession. If there be no grandsons in the female line, sons” take the property; on failure of sons, grandsons inherit their paternal grandmother's wealth. On failure of grandsons also, the husband and other relatives abovementioned are successors to the wealth.t • Mādhyáchárjya contends that sons and daughters inherit their mother's peculium together, only where it was derived from the family of the husband. *, † Vide Coleb. Miták. Ch. II. Sect. 11, § 9–33; Str. H. L. vol. II, p. 247,248; also Maen. H. f. Vol. I. pp. 38–40. Sir William Macnaghten, adopting in his book Srikrishna Tarkālankira's order of succession
