vYAVASTHA1.DART?ANA 2且丑 But the brother's great-grandson, though a lineal descendant of the owner's father, is excluded by the pnternal uncle : because he is fifth in descent, and (therefore) not a giver of oblations. Thus MA No says: “ To three must libations of water be made, to three must oblations of food be presented ; the fourth in descent is the giver of those offerings : but the fifth has no concern with them.”* Hence— 愈 87. On failure of the brother's grandson, the succession devolves on the father's daughter’s son.† For he presents three oblation-cakes to the late owner's father and the rest. On failure of the heirs of the father down to the great-grandson, it must be understood, that the succession devolves on the father's daughter's son, (in preference to the unclet); in like manner as it descends to the owner's daughter's son (in preference to the brother). The succession of the grand. father's and great-grandfather's lineal descendants, including the daughter's son, must be undcrstood in a similar manner, according to the proximity of the funeral offéring : since the reason stated in the text, “ for even the son of a daughter delivers him in the next world, like the son of a son,” is equally applicable ; and his father's or grandfather's daughter's son, like his own daughter's son, transports his manes over the abyss, by offering oblations of which he may partake. Accordingly MANU has not separately propounded their right of inheritance : for they are comprehended under the two passages, “ to three must libations of water be made, &c.” and “to the nearest kinsman (sapinda) the inheritance next belongs.”: 弱 Although the succession aught previously to devolve on the sister, as it goes to the daughter before the daughter's son, neverthless she is excluded from the succession, because she is no giver of oblations at the periodical obsequies; being disqualified by scx. But the daughter's right of inheritance before thc daughtcr's son takes effect under the special provision of the text : “ As a son so does the daughter of a mats proceed from his several limbs,” &c. (See V. D. p. 147) S. Bou DhA. Y. ANA, after premising “a woman is entitled,” proceeds—“not to the heritage ; for females, and persons deficient in an organ of sense or member, are deemed incompetent to inherit.” The construction of this passage is, a woman is not entitled to the heritage. But the succession of the widow and certain others (viz., the daughter, the mother, and the paternal grandmother) takes effect under express texts, without any contradiction to this maxim.: 88. The son of the proprietor's own sister, and the son of his half sister have an equal right of inheritance. In the succession of brother's sons, a distinction.between the whole and half blood mus, be understood, not in the case of daughter's sons. But lawyers consider it as the opinion of Joivor AvAT ANA, that, in the succession of the sons of the father's daughters and so forth, a distinc
- Coleb. Da. bha . Ch XI. Sect. 6, pp. e 14 & z. 5. The fifth and the rest do however succred as suku 'iti, on failure of the govers of the oblation-cake. This will be afterwards adverted to.
- Celeb. Da. bha". Ch. X 1. Sect. 6, pp. e 14 & e 25. W. Da'. Kra. Sang. pp. 18. 19. Coleb · ·.s. Vol. '1' I . , n. $er, 5*8. Ml acn. ii. 1. Vol. l. pp. e8, e9. Ditto. \'ol. II. p. 87.
to كبير - - * - : Coleb. Pas, bha - pp. 21*, e 15. 4. Su "an si N a 's conninent en Dáyabhága, Sar o , o 5 Vyavastká. Reason. Authority. \′yawratl:á.
