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VYAVASTHAT-DARPANA 27 12. But the grandson and great-grandson whose fathers are living are not entitled to inherit since they do not confer benefit by presentation of the oblation-cake at the parva.* As in virtue of his offering the oblation-cake at the parva, the son becomes entitled to inherit his father's estate, so are his (the son's) sons, on the extinction of his right (by death &c., p. 11.) in like manner entitled to inherit (notwithstanding the existence of their paternal uncle) whatever portion of the grandfather's estate was their father's right; for KATYA'YANA (quoted in Ratnākara) expressly says:—“Should a son die before partition, his son shall be made a partaker of the estate, provided he had not received from his grandfather property sufficient for his support. He shall receive his father's share from his uncle or his uncle's son; and the same (proportionate) share shall be according to law allotted to all the brothers; or, (if that grandson be also dead) let his son take the share; beyond him (i. e. the great-grands in, lineal succession) stops f. If there be many sons of the deceased (son), their father's share only (and no more) should be subdivided and allotted amongst them. But if the father be living, the sons are not entitled to get shares; by reason of their having no right to perform the Pârvana Srāddha. In like manner, on the extinction of right of the (late) owner's grandson, his (the latter's) share only shall be taken by his sons (the great-grandsons of the late owner). Dāyatatwa, pp. 11, 51. Thus:— 13. The grandsons and great-grandsons inherit per stirpes and not per capita.; See Partition. I. Braja Nāth had 8 sons; (of whom) Kāshī Nāth the eldest, Sadáshib the second, and Khelá Rām the seventh sons died without issue; but the widow of the seventh sou was still living. The eightlı son Keval Itám was the only son adopted into another family (and censequently excluded from paternal inheritance). Adjudged that the estate should be divided in to five equal shares; that the heirs of each four sons, who leftissue, should receive one share, and that the widow of the seventh son of Braja Nāth should receive her husband's (one) share, viz: Rádhá Kánta, Mohan Kánta, and Ballabhi Kánta, sons of Nilmani, and grandsons of Râm Näth, the third son of Braja Náth, jointly receive one share; Badan Chând, son of Madhu Rām, and grandson of Dharanídhar, and Gopal 1'rasād, the surviving son of Dharanidhar, who is the fourth son of Braja Náth, jointly receive one share; Sri Näth, son of Dina Náth, the fifth son of Braja Náth, receive one share, and Gokul; Náth, as adopted son and heir of Boidya Nāth, the sixth son of Braja Náth, receive one share. Srí Náth Sarmá versus Rádhá Kánta, 24th November, 1796. S. D. R. Vol. I. p. 15. II. Rádhá Charn died (intestate) leaving four sons, viz. Haladhar, Bishwambhar, Gobardhan, and Joy Nārāyan. Golok Chandra was another of Rādhā Charm's sons, but he died in the life-time of his father, leaving Râm Dhan and Braja Mohan his sons surviving him. Haladhar survived his father, and died leaving Rám Nārāyana his son. The property of Rádhácharn and the increase of that property were ordered to be equally divided among his sons and their representatives, viz. it was ordered that Bishwambhar, Gobardhan, and Joy Nārāyan, the surviving sons of Rádhá Charn, each take per capita; Rám Nārāyan the only son of Haladhar take a share in right of his father; and Rām Dhan and Braja Mohan, the two sons of Golok Chandra, take per stirpes his share between them. Joy Nārāyan Mallik versus Bishwambhar Mallik.-S. C.Cons. H. L. pp. 50, 51. See also the Case of Gadádhar Sárma and Káli Dás Sárma versus Ajodhyá Rám Choudhuri –30th October 1794. S. D. A. R. Vol. I. p. 6.

  • W. Do. Kra. Sang. Ch. I, pp. 2, 3.—Coleb. Dá, bhá. Ch. III. Sect. I. para. 19. Ch. XI. Sect. 6. para. 29. Dá. T. Sang. pp. 11, 51. Coleb. Dig. Vol. III. pp. 9, 10.

† $eo Coleb. Dig. Vol. III. pp. 7, 8, 82; and Ski^khtsHNA's commentary on the Däyabhága, pp. 77, 78. $ 8kt ́KRIsıINA'8 comment_on Dáyabhága, Sans. pp. 87, 88. Coleb. Dá. bhá. Ch. III. Sect. 1, para. 21, 23 Cobleb, Dig. III, pp. 6-9. Maen. H. L. Vol. I. p. 18. Elb. In. Sect. 158 & 162. Wyawasthá. Authority. Vyavasthá. Cases bearing on the vyavasthā Nos. 10, 11 Ss 13.