পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/২৭৯

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vyAVASTHA-DARPANA 153 54. If the daughters (competent to succeed) be numerous, a distribution should*be made among them. Coleb. Dig. vol. III. p. 498. 55. And in default of any one of them, the other suceeds to the property inherited by her.f - Because the daughter's son and the rest are not entitled to succeed so long as there exists a single daughter (competent to inherit); and because there is no positive text declaratory of the daughter's son's succession together with his mother's sister. - Josutavashana only says that wealth which has devolved daughter goes after her (death) to the heir of her father; he has not expressly affirmed, that a daughter shall not alien an estate which has devolved to her : but if it be said, the general maxim, “that after a woman the legal heirs (of the former male proprietor) take the estate,” cannot be deduced without establishing a general rule that it woman shall merely enjoy an estate which has devolved on hereit then follows that such is his meaning, but not otherwise. (Coleb. Dig. vol. III. p. 497). Consequently,— 56. The daughter, without a lawful causef is incompetent to make a gift, mortgage, or sale of the property she inherited, but shall enjoy it, restraining herself until her deaths. Legal opinions delivered in, and admitted ly, the several Courts of Judicature, and examined and approved of by Sir William Macnaghten. Q. A landed proprietor dies, leaving two married daughters, and one unmarried. Of the two married daughters, one files a plaint in a court of justice, claiming a third of the estate left by her father. In this case, who is entitled to the succession ? Can a married daughter sue for partition, where there is a maiden daughter living P R. Of the daughters, the maiden one is, in the first place, heir to the paternal property, by reason of her offering the funeral oblations to the deceased father, to the entire exclusion of all the others. Authorities.—The text of MANU, laid down in the Shuddhitatica and otheolaw books: “The maiden daughter of a person who dies leaving no male issue, offers the funeral eake to his manes.” t W. Da. Kra. Sang- p. 9.–Macn. H. L. Vol. I. p. 21 & e4.–Elb. In. p. 76. * See W. D. pp. 55, 61, 63, 65, 10s. - § See Maen. H. L. vol. I. pp. 21–28. As the daughter's right to succeed is inferior to that of the widow, it necessarily follows that she too is only to enjoy the property, and that she is subject to the same restriction in the use of it as the widow. On her death, the estate goes to her father's next heir. Elb. In, pp. 76, 77.

      • This is not a toxt of Manu, but of Rishyasringa. . . M 2 -

Vyavastha.” Reason. vyavastha' A maiden excludes all married daughters. .