VYAVAS THA2DARPANA 213 歌 ● * s & _ ۴یے tion is taken between uterine and half sisters. Herein SRiskrishna TARKAT.AskAoA does not acquiesce, because no law is found expressly declaring the participation of a maternal grandmother in the oblation-cake offered to the maternal grandfather. See Coleb. Dig. Vol. III. p. 528 Legal opinions desirered in, and admitted by, the several Courts of Judicature, and eramined aud approred of by Sir William Macnaghten. Q. A person died, leaving a son and three daughters him surviving. Subsequently to his death, his son departed this life before his three sisters. Of the three sisters one died, leaving a son who is alive; and of the surviving, one is mother of two sons, who are living, and the other is a childless widow. Under these circumstances, how will the property lest by the original proprietor be distributed among the survivors P is any one of the survivors authorised to give or sell a portion of the property, such portion not exceeding his or her share f - R. On the death of the father, his entire estate should have devolved on his son only, by whom his daughters are excluded. If the son died, leaving no heir down to the brother's son's son, his father's daughters' sons are equally entitled to inherit from him. The sisters have no right to succeed their brother. Each of the father's daughters' sons is authorised to make a gift or sale of his own share of the property. The sisters under no circumstances are competent to make any alienation of the property. This opinion is conformable to the Diyabhāga, Dâyatatwa, MANU, and other legal authorities. Authorities : Got TAXIA:-—“Let ownership of wealth be taken by birth, as the venerable teachers direct.” “The right of a son to the father's property accrues on the extinction of the father's property; and by his own birth; and by such ownership, the son is competent to take his father's estate.” This is the doctrine of the Dúyatatura. The following is the doctrine laid down in the Dáyabhāga : “On failure of heirs of the father down to the great-grandson, it must be understood that the succession devolves on the father's daaghter's son.” MANu says: “For even the son of a daughter delivers him in the next world, like the son of a son; 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.”
Boudis A(xANA, 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 eonstruction of this passage is, ‘a wonian is not entitled to the heritage.” But the succession of the widow and certain others, (viz., the daughter, the mother, and the paternal grandulother.) takes essect under express texts, without any contradiction to this maxim.” Zillah Nudden. Clı. I. Seet. 6, Case 1, pp. 82, 83. Q. A minor who had succeeded to some ancestral landed property, died leaving step-mother, an unmarried uterine sister, and three paternal uncles. Subsequently to his death, his sister was disposed of in marriage, and had a son born in lawful wedlock. In this case, according to the law current in this country, on which of the persons abovementioned does the property left by the deceased minor devolve 2
- It was not distinctly stated in this case, whether there was any possibility ibat the sister, who was the mother of two sons, might bear other sons, or whether she was past child-bearing or widowed. If the father's laughter's sons make partition of their maternal uncle's estate whilo one of them is capable of bearing more children, and sub-equently to the partition a son be born, he should have an equal share of the inheritance, for the succession of a son after partition is in this case provided for. Jaso Nyavalry a declares : “When the sons have heen separated, one afterwards born of a woman equal in class, shares in the distribution. His allotment must positively be made out of tho visible estate, corrected for income and expenditure.” This remark is inaccurate, as will appear from a subsequent observation.
ᎠᏰ 3 Father's daughters' sons are the legal heirs, on failure of brother's som's soli.
