VYAVASTHATDARPANA 169 Legal opinions delivered in, and admitted by, the several Courts of Judicature, and examined
- and approved of by Sir William Macnaghton.
Q. Three individuals (being uterine brothers) live together, enjoying their patrimonial property as an undivided family. The elder brother dies, leaving a wife and daughter him surviving. The second brother dies, leaving a son. The younger brother dies also, leaving a wife and son. On the death of the elder brother, his widow continued to live with her husband's second and younger brothers, exclusively enjoying her portion of the property. She subsequently died, leaving her daughter, and that daughter's son. Afterwards the daughter died, leaving her son. In this case, does the estate of the elder brother devolve on his daughter's son, or on his nephews—in other words, the sons of his second and younger brothers P IR. Under these circumstances, the estate of the eldest brother will be inherited by his daughter's son, and not by his second and younger brothers' sons. This opinion is conformable to law.—Zillah Tipperah. June 27th 1815. Ch. I* Sect. 3, Case 10, (p. 50.) Q. A man dying, and leaving a brother's widow and son, and a daughter's son, (the whole family being joint and undivided,) have the two former any right to participate in the property of the deceased, notwithstanding the existence of the latter, he being in a state of minority ? R. On failure of heirs down to the daughters, the grandson of the deceased in the female line is alone entitled to the succession, to the entire exclusion of the brother's widow and son, even though they lived with the minor as a joint and united family. The estate to which the minor is entitled by inheritance will be managed by his nearest of kin during his minority. Authorities.—“The wife and the daughters, also both parents, brothers likewise,” &c.” The term “daughters” implies both the daughters and their sons.” ኣ Dacca court of appeal, August 20th 1810. Ch. I. Sect. 3, Case 11. (p. 51). Q. A person had two sons by different wives. His younger son died, leaving a widow, both parents, and his halfbrother (who was older than himself), him surviving; subsequently to his death, the father died, and the eldest son took possession of all the movable and immovable property which he left. Some time afterwards, this son died, leaving his step-mother, a daughter's son, and the widow of his half-brother. The widow of the brother who died last became possessed of all the property which had devolved on her husband, and soon after died, leaving two claimants to the estate; namely, her own grandson in the female line, and the widow of the first deceased (being the younger son) still living. In this case, according to law, does the estate devolve on the daughter's son of the eldest son, or on the widow of the younger one * It. In default of heirs down to daughters having, and daughters likely to have, male issue, the daughter's son is entitled to the succession. The widow whose husband died during the life-time of his father, has no right to take the inheritance on the death of her husband's half brother's widow, but her maintenance rests with the grandson of the eldest son. Zillah Burdwan, August 19tly 1823. Ch. I. Sect. 3, Case 12. (pp. 51, ’52). - Q. A Brahmin died leaving two sons, a daughter, and a daughter's son. Subsequently his eldest son died without male issue, and then the younger, leaving a widow and a daughter; who are since deceased, but the latter at her death left an unmarried daughter .and her own Ý.. who is the defendant in this case. Now the original proprietor's grandson by the female side claims the property which devolved on the younger brother's daughter. In this case, will the property in question devolve on the original proprietor's daughter's son, or on the husband of the younger brother's daughter P
- See W. D. pp. 29, 163. Q 2 -
A daughter's son excludes a brother’s son. - A daughter's son excludes a brother's widow and his ÉGORI, On the death of a widow, the property licld by her gres to her husband's daughter's son, to the exclusion of her husband's brother’s widow, but the latter is entitled to maintenance.
