VYAVASTHA?.]DARPANA 43 Legal opinions delivered in, and admitted by, the several courts of judicature, and evamined and . approved of by Sir William Macnaghten. Question. A childless Bráhman dies, leaving his mother and a widow him surviving. According to the law of inheritance, to which of these survivors does his property real and personal belong f What is the rule of succession, in case of the mother and widow's living together in a joint state, and what is the rule if they are divided ? - Reply. On failure of a son, grandson, and great-grandson, the widow has the proprietory right to her husband's estate ; and this is the rule, whether the mother lives jointly or separately. She cannot in any case have a right to the succession while there is her son's widow. This opinion is conformable to law. Zillah Chittagong, May 22nd 1817. Macm, H. L. vol. II. Ch. I Sect. 2, case I (p. 18.) - Q. A person dies, leaving a widow and a brother of the whole blood. According to law, does his property appertain to his widow, or should it devolve on the brother, he furnishing the widow of his deceased brother with maintenance 2 R. On failure of heirs down to the great-grandson, the widow, according to the law of Bengal, is entitled to enjoy her husband's property during her life, whether consisting of lands or other property, and the brother has no right of succession while she survives. Authorities:–Vrihaspati, Vrihet manu, Jagnyavalkya, and Vishnu (Vya... p. 28, 30, 34). This is delivered according to the doctrine of the Dayabhaga, &c. Dacca Court of Appcal, August 19th 1819. vol. II. Ch. I. Sect. 2, case 2 (p. 19) Q. 1. A person died leaving his father, brother, widow, daughter, and datghter's son ; in this case, in what proportions will these persons respectively be entitled to share the property which the deceased acquired 2 輸 & R. I. Supposing the deceased to have acquired the property without the use of his father's funds, and to have left his widow, daughter, daughter's 80ಗ್ಯ father, and brother him surviving, his acquisitions should be made into four shares, two of which go to the father, and the remaining two to the widow. Kātyāyana says: “A father takes either a double share, or a moiety, of his son's acquisitions of wealth. Let the childless widow, preserving unsullied the bed of her lord, and abiding with her venerable protect or, enjoy with moderation the property until her death. After her, let the heirs take it." If the acquisition was made with the aid of the paternal property, and the acquirer be survived by the individuals abovementioned, the father would take a moiety of the goods acquired by his son, the acquirer's widow two shares, and his brother one share. Q. 2. A person living in a state of union with his two brothers, acquired some property movable and immovable, with or without the use of the patrimony, and with the sanction of his father divided his own acquisitions and the paternal estate with his brothers. The partition was formally entered into, and documents were drawn out by each of the brothers. The brothers alluded to, died before his father; and then the father died. In this case, will the brother's daughter and daughter's son, take his property exclusively, or will his surviving brothers be entitled to any part of it P r R. 2. Under the circumstances stated, the widow is alone entitled to succeed her husband Q. 3. Supposing the brother alluded to, without the consent of his father, to have joined with his brothers in making a division of the patrimony and their respective acquisitions, to have made the division by executing formal deeds of partition, and to have died before his father, who made objections to the validity of those deeds ; in this case, to which of those individuals, being his widow, daughter, daughter's son, and brothers (the father being dead,) will his property go? A widow succeed her husband's prop to the exclusion of mother. In Bengal, a w excludes a brot Distribution of property, the clair being a father, br widow, daughter, daughter's son
