VYAVASTHA-TXARPANA 59 these, being inferior to the daughter and the rest, ought not to excludé those heirs; for the widow debars them from the succession ; and, the obstacle being equally removed if her right cease or never take effect, it can be no bar to their claim. Nor shall the heirs of the woman's separate property (as her brothers, &c.) take the succession (ori failure of daughters and daughters' sons, to the exclusion of her husband's heirs ;) for the right of those (persons, whose succession is declared under that head,) is relative to the property of a woman (other than that which is inherited by her). Katya’, ANA has propounded by separate texts the heirs of a woman's property; and (his text declaratory of the succession to heritage,) would be tautology : (consequently heritage is not ranked with woman's peculiar property). Therefore those persons, who are czhibited in the text; (“The wife, and daughtersozc.”.”) above cited as the next heirs on failure of prior claimants, shall in like manner as they would have succeeded if the widow's right had never taken effect, equally succeed to the residue of the cstate remaining after her use of it, upon the demise of the widow in whom the succcssion had vestedf. Sce Coleb. Dá, bhá. Ch. XI, scct. I. para. 57, 58, 59. 23. Thus in the Mahābhārata, in the chapter entitled Dinadharma, it is said: “For women, the heritage of their husbands is pronounced appli cable to use (n). Let not women on any account make waste (p) of their husbands' property f.” 24. (n) Even use should not be by wearing delicate apparel and similar luxuries : but, since a widow benefits her husband by the preservation of her person, thc use of property sufficient for that purpose is authorizedł. Hence,— 25. If she be unable to subsist (otherwise), she is authorized to mortgage the property ; or, is still unable, she may also sell it : for the same reason is equally applicables. 26. In like manner (since the benefit of the husband is to be consulted") even a gift or other alienation (m) is permitted for performance of the husband's funeral rites, &c. (b). Accordingly the author says, “ let not women make waste (p) $.” (p) Here “waste” intends expenditure not useful or beneficial to the (late) owner of the property. See Coleb. Dá. Bhá. Ch XI. Sect. 1, para. 61. (m) By the term “other alienation” is meant mortgage or sale. (b) “For performance of funeral rites, &c.”—That is for conferring benefits on the husband in the next world. SRıfkRısır Na’s Comment on Dáyabhaga, Saus. p. 194. Hence,
- Vide v. D. p. 295. + Coleb. Dig. vol. III. p. 479. # Coleb. Dá. Bhá Ch. xi. Sect. 1, para. 60, 61; W. Dá. Kra. Sang. p. 4. Coleb. Dig. vol. iii. p.467, 678.
§ Coleb. Dá. Bhá. Ch. XL Sect. 1, para. 62,61; W. Dá. Kra. Sang. p. 5. «[[ Sвп кмвнкл”в Comment on Dasyabhaga. w Wyavasthá Vyavasthá Vyavasthá
