VYAVASTIIA-'DARPANA - 201 Q 1. Of five uterine brothers, the eldest, after a general partition, lived together with his secoud lorother, and died childless. In this case, does the property left by the eldest brother devolve only on - - O a s どで The son of his associated (second) brothor, or on all the sons of his brothers ? R. I. if of the separated brothers, two lived together, through inutual affection, as r-unit. ... ii. food and family, and one of such associated brothers died, leaving no nearer heirs, as son. and . . forth, his property should devolve on his re-united brother only, on whose death his son is alone entitled 1, ..., succession. The sons of the mnassociate brothers have no title thereto. Authorifics :– w ر - - -- گی- o - o The text of JA’awys v LKYA, cited in the Diyahhsiqa and other works of law : “A re-united (in'... h. r1 shall keep the share of his re-united (co-heir), who is deceased ; or shall deliver it to a son sub-cosuotiv born.” The term re-union is explained by W R1 is Aspari : “He who bring once separated, dwell- a...ou. through astortion, with his father, brother, ur laternal uncle, is termed re-united.” Q. 2. Should the five brothers, having been separated, have all lived apart, and one of the to have died leaving no male issue, in such case, on whom does his property levolve 2 To. 2. In desault of heirs down to the mother, his brothers of the whole blood are equally entitled 1. the succession. The antiprities are laid down in the Diyabhaiga, &c. Authoritics : — Dr. v A.A : –“ Next let Irothers of the whole blood divide the livritage of him who leaves u, , ; male issue.” 姆 JA*,xy AvA LKYA:—“ Iłut an uterine brother shall thus retain or deliver the allotment of his nterine relation.” MAN to :- “Of him who leaves no son, the father shall take the inheritance : or the brothers.” Zillah Hooghly, December 18th 1820. ('h. I. Sect. 5, ('ase ti, (pp. 72, 73.) Q. 0s four uterine brothers, who lived together and enjoyed the profits of their laternal and acquired estates as an nmited family, two died before partition, leaving their widows. Sulsequently to their death, the surviving brothers voluntarily selected an arbitrator to divide the estate between the parties. He (the arbitrator) adjudged, that the property should be male into four shares, of which two should lie taken by the irothers, and the remaining two by the widows, whose shares were to be entrusted to the management of their husbands' brothers, from whom they were to receive the produce during their lives. The parties consented to this award, and acted upon it for some time. Sulse suently, one of the brothers died. leaving a widow and two sons under age. One of the widows, whose husband's share had been intrustcol to her husband's deceased brother, died, and lastly the surviving brother died, leaving sons. Under these circumstances, which of these survivors is entitled to succeed to the deceased widow's property, which devolved on her, in virtue of inheritance, from her husband P lt. Under the circumstanees allove stated, the widow's share (that is, one-fourth of the property as awarded by the arbitrator) shomld have devolved on her husband's lorot luer, who smrvivel her, aud om his death it should go to his sons. The other survivors are excluded from the inheritance. Authorities—JA'uny AvA.RYA : “The wife, the daughters, also both parents, brothers likewise and f heir sons, &c.” (Vide V. 1). p. 20). This doctrine is conformalle to the law as expounded in the Diyahhsiya, Jr. ('alcutta Court of Appeal, May 6th 1819. ('h. I. Sect. 5, Case. 7, (pp. 73. 74). Q. There were three brothers, A, B, and C, who, having made a partition an of thorov's of their landed and other property, continued to live apart as a divided family. I; had to, 'it's F "od F. “f whom the eldest (T)) died leaving an adopted son, the youngest (F) leaving we lie, “ . . . he w is Υ α I he son of a re-united brother succeeds as heir, to the exclusion of all the sons t.f. un associated fire" liren. A l r t!:- alırrı" s next ta :I ii:vthet. On the death of t w itiow, her property will go to the son of her hus!».:nd’s birth. er w l.c. survived, to the exclusion · ·f the sons of his til other, who died ba loie lier.
