vyAvAstHA<dARPANa }Ꮾ8 several other texts. This is wrong ; for since a series of heirs is recounted ending with the king, whose failure never occurs, it must necessarily result, that the daughter's son could not obtain the inheritance at all, and the texts declaratory of his right would then be irrelevant.* Therefore the succession of the daughter's son, on failure of daughters, as affirmed by visĦwaru'PA. Jitendrixa, *Bhojapeva, and GovINDARA JA, should be respected.t 57. If the daughter's sons be numerous, a distribution must be made : the shares shall be equal and inherited per capita and not per stirpes.f For instance. —If there be two sons of one daughter, and three of another, five equal shares must be allotted, they shall not first divide the estate into two parts, and afterwards allot one share to each ; for such a mode of distribution is only ordained in partition among the sons of sons: and the reasoning is not equal, for, a son's son, whose owm father is dead, receives a shire from his uncle; but the daughter's son, whose m other is deceased, does not receive a share from his mother's sister. Coleb. Dig. Vol. III. Th. 501. 58. On the death of a daughter's son, who has received the heritage of his maternal grandfather, his own son or other heir takes the estate inherited by him, because it had become the property of their ancestor ; and not the heirs of the maternal grandfather." 59. The daughter's dattaka son is not entitled to inherit her father's estate. I. Saskha and Lickhir A :— A son rejected (by his father or mother), the son of a pregnant bride, a dattuka or a son given (by his maternal parents), a son bought, a son by a shūdrá, and a son self-given: these six sons are not heirs (to collaterals). The son begotten in lawful wedlock, the son of a wife begotten (by a kinsman), the son of an appointed daughter, the son by a woman twice married, the son of a young woman unmarried, and a son of concealed birth, are six kinsmen and heirs. II. Yau a or Jawa :–4Twelve sons are násta by sages, who know the principles of things: among these sons, six arokinsmen and heirs; six not heirs, but kinsmen: The first is declared to be the son begotten by a man himself (in lawful wedlock); the second, a son begotten on his wife (by a kinsman); the third is the son of an appointed daughter: thus have the learned declared the law. The fourth is a son by a twice married woman ; the fifth, a son by an unmarried girl , the sixth, a son of concealed birth in the husband's unansion : these six give the oblation-cake, and take
- w. Da“. Kra. Sang. p. 1 o. Coleb Da bha". p. 1os. 4 Co\eb. Dig. vol. IlI. p. 8oa. Maga. Ii. L. vol. I. pp. 23 & 28.
$ Celeb. Dig. vol. 111. 8oe. P 2 Vyawast\wa^ Example. vyavnetha^ Vyawantha & Authority.
