ovyAvAstäA-DARPANA 187 Iv. The mother and widow of a Bráhman by amicable settlement divided between them his property, consisting of Devattar land and right of officiating in a temple, reserving to each the power of alienating her own share. Such partition is declaréd invalid by the Hindu law, in consequence of the incompetency of the parties, and the sale executed by the mother (who evon by such settlement and division could derive no interest in her son's estate during the life of his widow) set aside. Musst. Joy . Mani Debi and another versus Fakir Charan Chakrabartti, 25th March 1829. S. D. A.Rep. Vol. iv. р. 887. - - . T. . . . . - - " - . . . . . - See also page 122 of this work. - ON THE BRQTHER’s RIGHT of succession 64. În default of the mother, succession devolves on the brother.” The texts of JAgnyavalkya and Vishnu. Vide. V. D. p. 29. 戟 The uterine brother is however first entitled to inherit, for although brothers of the whole and half blood are begotten by the same father, yet as the uterine brother offers oblation-cakes to six ancestors of the deceased, the succession first devolves on him exclusively, and not on the brother. of the half blood, who offers oblation-cakes to (his) three ancestors only. Dāyatatwa, p. 54. 65. If there be no uterine brother, the half brothers are entitled to inherit." @ - • * ● - * > Because they offer three oblation cakes to the father and two other ancestors of the late proprietor (W. Dá. Kra. Sang. p. 13 ) and because they also are signified by the word “brother,” being issue of the same father. . (Coleb. Dá. bhá. p. 200.) ^
- 66. But the whole and half brothers are equally entitled to an undivided immovable estate.t , 3 - . . . . - - -
JAMA says: “whatever immovable property may remain undivided, that appertains to all (e); but the divided movables must on no account be taken by the half brother.t (e) “All"—that is (all) the brothers, whether of the whole or half blood. (Coleb..Dá. bhá. p. 21.1.) The meaning is that, if any immovable property of divided he common to brothers by different mothers, have remained undivided, being held in co-parcenery, the half brothers shall have equal shares with the rest, but the uterine brother has the sole right to the divided property movable * or immovable. Coleb. Dig. Vol. III. p. 518. . . .*:. ;. . ' ' - • Colsb. Da' bha ch. xi. sect. w. para. 1, p. 19s. w. Da. Kra. Sang. p. 1s. colsb. Dig, Vol. III. Pp. 50%, 507. Macn. H. L. vol. 1. p. •6. kib. im. ·p, 78.' - - - f Coleb. Da. bha". Ch.xi.. sect. v. paras. ss, se, p. 211. coleb. Dig vol. III. pp. 817, ele. Da. T. p. 85. Vyavastbñ. Authority. Reason. Vyawashtä. Reason. Vyavasthñ Authority.
