vYAVASTHA2DARPANA 157 R. Supposing the person to have died leaving two daughters, and subsequently one of them to have of two daughter, who died leaving two sons and a sister, her surviving; and the deceased daughter to have succeeded to the ನಿಘೀ ੰ property at the time when she was a maiden, or to have succeeded after her marriage, and afterwards her leaving sons, her share goes sister to have become a barren or a childless widow, then the deceased daughter's share of the paternal estate o: '!hའ་ will devolve on her sons. If the deceased daughter derived the right to the property after her marriage, ஃವಿ"當 and her sister be not a barren or a childless widow, then that sister, she having male issue, or being likely inherita. to have such, is entitled to the succession. The property which devolved on the married daughter by right of inheritance, goes at her death to her father's next heir. Of the father's heirs, in default of an heir down to the widow, his daughter is first in rank. . The property, whether it be divided orgundivided, and whether after partition the family be re-united or not re-united, will, according to the law as current in Bengal, devolve on the next heir. This opinion is conformable to the Dāyabhāga, Commentary of Srio Krrsiina TaʼtikALAncA?a on the Däyabhdga, Däyakramasangraha, , Virádärnavasetu, Viráda bhangárnava, and other authorities current in Bengal. Authorities.—“In default of the wife, the daughter next succeeds.” “The following special rule must be here observed, namely, that if a maiden daughter, in whom the succession has once vested, and who has subsequently married, should die without having borne issue, the married sister who has, and the sister who is likely to have, male issue, inherit together the estate which had so vested in her. It does not become the property of her husband or others, for their right is exclusively to a woman's separāte property, (Stridhan). But, if there be no maiden daughter, then the daughter who has, and the daughter who is likely to have, male issue, are together entitled to the succession; and on failure of either of them, the other takes the heritage. In default of daughters having, and daughters likely to have, male issue, daughters who are barren, or widows destitute of male issue, are incompetent to take the inheritance, because they cannot benefit the deceased owner, by offering (through the medium of song) the funeral oblation at solemn obsequies. In default of all daughters (who are entitled to succeed), the daughter's son takes the inheritance.” This is laid down in the Dáyakramasangraha, Vividarnatasetu, and other authorities. “In like manner, if the succession have devolved on a daughter, those" persons who would have been heirs of her father's property, insher default, (as here son, her paternal grandfather, &c.,) take the succession on her death; not the heir to the daughter's property (as her daughter's son, &c.). This is cited in the Dāyabhāga—Sudder Dewanny Adawlut, Ch. 1. Sect. 3, Case 5, (pp. 44–46). - Q. The proprietor of an aneeta landed estate died, leaving a widow and a daughter him surviving. Pipeg which hal deSubsequently to his death, his widow took possession of the property by right of inheritance, and then she ༨: tl.ཀཱ་མ་ ஃே ፴፫ 盡 e 哆 象 够 - 始 1ջ s, when died, leaving the daughter before mentioned, who was a childless widow, and a son of her husband's paternal she dies, to the of her uncle. Now ಕ್ಷೀ tyo survivors dmed the inheritance, in this case, which of them is entitled to it, or are. ಳ್ಗಿ!..::;ನಿ they both, and if so, in what proportions P less widowed daughter, R. Under the circumstances above stated, according to law, the succession devolves on the son of the paternal uncle, by whom the childless widowed daughter is excluded; but she is entitled to receive food and raiment from the son of the paternal uncle of the proprietor. This opinion is conformable to the Dāyabhaiga and other works of law. Dacca court of appeal, February 6th 1808–Ch. I. Sect. 3, Case 6, (p. 46). - Y Q. I. A man died leaving a widow (A), and a daughter (B), who had two sons (C and D), of whom the former died before his mother, leaving a widow, but no issue. In this case, has the widow of C, either during the life-time of B, or on her death, any right to the property left by tho original proprietor ? Or on the death of B, will the property devolve on D, or on his heirs, while C's widow is living P N 2
