VÝAV ÄSTHA DARPANA . 185 . . See also the following cases:– - I'ghwar Chandra Kárfarmá and another hrsus Gobinda Chandra Kárforms and others con, ii. I. p. 74. : ... ". . . . . . & 8rímatí Joymani Dásí aud Srimati Dásí Dásí versus Atmá ltán Ghose and Káláchánd Ghose. cons. H. L. pp. 64–60. - - I. Ratan Mani 'inherited the estate of her son Khyetra, who died unmarried and childless. After Ratan Maní’s. death, Bhoirabi Dásí, the step-mother of Khyetra, claimed the estate. Held that on the death of Ratan Mani the property devolved on her son's heir, who, in this case, was the son of the paternal uncle of his father, and not on his (Khyetra's) step-mother, since, according to the law which prevails in Bengal, a step-mother does not inherit from her step-son, but is entitled to maintenance from her husband's property.—Bhoirabi Däst versus. Nabokrishna, Bose, .23rd February 1836. S. D. A. Rep. Vol. VI. p. 53. ... • . . " - - The same principle was held in the following cases:– II. Noyani Debi versus Harikishore Rsy, 24th December 1801. S. D. A. Rep. Vol. I. p. 30. III. Lukkhi Priyà versus Bhoirab Chandra Choudhuri and Joy Chandra Choudhuri, 29th August 1883. S. D. A. Rep. Vol. V. pp. 816A Vide. V. D. pp. 87—91. p > 银 - I. Kāli Kânta, Lâhiri Appellant, versus Golok Chandra Choudhuri, Respondent, 86th October 1840. S. D. A. Rಣ್ಣ, pp. 405–410. . . . . . . . . - - II. Dhan Mani, having succeeded as nearest heir to her deceased son, alienated the inherited estate, first by gift, and subsequently by sale. , The Pandits of the Šudder Court being referred to, gave their opinion to the effect—“that the right which a mother had in the property inherited from hér son, was the same as that which a widow had in the property inherited from her husband : and that, therefore, she was incompetent to alienate that property by gift. That the sale of it also was invalid, because. the deed expressly stated the sale to have been executed bý* Ifĥan Mani at her own pleasure, whereas the shiftstra prohibited sale at pleasure, and only licenses it under unavoidable necessity, which did not here exist; that both the gift and sale being invalid, the succession to the estate would be regulated by the analogy of the case of a widow, that is, as the nearest surviving heir of the husband inherits from the widow, so the nearest surviving heir of the son would inherit from the mother; and that the nearest surviving heirs in this case are the appellants who are the sons of his father's brother."+Authority—Diyabhāga “The . Cases . . bearing on the vyavasthā No. 6t. Cases bearing on the vyavasthā No. 63. word wife is employed with a general import; and it implies that the rule must be understood as , applicable generally to the case &f woman's succession by inheritance.” The Sudder Court (present Messrs. Sealy and Rattray) considered the Vyavasthā decisive as to the right of the appellants to the portion which had devolved to Dhan Mani, 26th May 1823. S. D. A. Rep. Vol. IV. p. 810. III. In the case of Musst. Bijoyá Debí gersus Annapúrna Debí, (S. D. A. Rop. Vol. I. p. 164.) regarding property which had devolved on a mother by the decease of her son, the law officers of the Sudder 1)ewanny Adawlut held, that the rules êoncerning property devolving on a widow, equally affect the property devolving on a mother. On her death property devolves on the heirs of her son, and not on her heirs. Macn. H. L. Vol. I. ip. 25, 26. - . . - intricate not uncommon, 1st, the allotment of a double share to the person by whom acquisition is made, with aid, however, from the joint funda (Vide Coleb. Do", bho. Ch. VI. Séct, 1, para 38.) end, equal participation of sono succeeding to their father, vCh. 3, Sec. 2, para. 27.) Srd, the mother's succession to her son leaving no widow, nor issue male or female (Ch. xi, Sec. 4.) 4th, the daughter's succession to one leaving neither male issue, nor a widow, provided such laughter be mother nf a non or likely to become so (Ch. XI. Sec. £, բաa- s.) bth, the full-brother's inheritance from his brother (Sec. 5.) 6th, the uncle's snceession on failure of nearer heirs. (Sec. 6, 5, 8, b). U 2
