VYAVASTHAT-DARPANA 269 the succession, and if she die before the other individuals mentioned in the question, then the succession should devolve on the paternal uncles. This opinion is consonant to the Diyabhāga, its commentary, the Dáyakramasangraha, Vivádabhangárnava, and other authoritics. Macn. H. L. Wol. II. Ch. I. Sect. VI. ('ase. 18, (pp. 97,98). In the caso of Srímatí Joymani Dásí and others against Atmáram Ghose and Caláchánd Ghose, it seemed to be agreed that if Shambhuchandra, the son of Gångåcharn by his wife Joyá Dásí, (who died before her husband) had dică in the life time of his father, then Joymani the surviving wife of Gångåcharn would have becn entitled to his estate; but Shambhuchandra having survived his father, it was held that his father's estate vested in him, and that Joymani (not being his mother although a wife of his father) could not take from him (Shambhuchandra); but that his father's mother Carunúmoyí was his heir, and that Joymani has a right to maintenance out of her husband's estate, and may follow it for the purpose of obtaining her right into the hands of Carunāmoyi. Maen. Cons. H. L. pp. 64–68. 93. Failing the paternal grandmother, the succession devolves on the father's own brothcr", 94. In default of such, the father's half brother is heir.” For they present to the paternal grandfather and great grandfather of the late owner two oblation-cakes in which the owner participates. Legal opinion delirered in, and admitted ly, the Civil Court, and selected and approved of ly Sir William Macnaghten. Q. A person died, leaving his paternal grandmother, two paternal uncles, and an uterine sister, about 25 years of age, whose husband is aged about 35, by whom she has two daughters, the one five and the other three years old; and there is a probability of her having inale issue. In this case, which of the abovenamed individuals is entitled to inherit the estate of the deceased ? If the probability of the sister's bearing male issue be a bar to the succession of the other claimants, and the grandmother be dead; in this case, whether should the management of the estate be consided, in the mean time, to the paternal uncles, or to the sister P supposing the sister to have no male issue, and that the possibility of her having any is extinct; in this case, who is entitled to the succession ? - lt. Supposing the deceased to have been survived by his paternal grandmother, two paternal uncles, and an uterine sister, who is likely to have male issue, then, on the death of the grandmother, the uncles who confer bencsit to the deceased on offering the funeral cake to his grandfather and great-grandfather are entitled to the property lest by him; and if the sister have no male issue, they (the uncles) are the successors, the right of inheritance being then unqualified. Consequently the management should be confided to them, and not to the sister, for she cannot by law be considered as heir to her brother. But whonever a son may be born to her, he will be entitled to succeed to the property. This opinion is conformable to the Dáyabhāga, Dayakramasangraha, the commentary on the Dāyabhāga, and other authorities.
- Coleb. Dá bhá. p. 225. Coleb. Dig. Vol. III. p. 528.
+ This vyavasthā is correct except the last part, viz. “But whenever a son be born to her, he will be entitled to succeed to the property.' Wide pp. 233–247. Case bearing on the vyayastha No. 92. Vy:wwasthá. Wyaw:lsthá. Reason. Failing the paternal grandmother, the paternal uncles succeed ; but their property is divested, should the sister subsequently have male issue.
