পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৩৯৭

উইকিসংকলন থেকে
এই পাতাটির মুদ্রণ সংশোধন করা প্রয়োজন।

vyAvASTHA-DARPANA 278 Although the grandfather's daughter's son by presenting two oblation-cakes in which the , owner participates confers greater benefit than the uncle's grandson, who presents but one oblationcake in which the owner participates, yet nevertheless the right of succession devolves (in the first instance) on the uncle's grandson, because he has stronger claim by virtue of his relationship to the deceased owner in the degree termed “sapinda.” Wide W. Dá. Kra. Sang. pp. 21, 22. Legal opinion delivered in, and admitted by, the Civil Court, and selected and approved of by Sir William Macnaghten. Q. A (a Hindu) diod, leaving a widow and a father. Subsequently the father died, leaving a widow (B), not the mother of A, a minor son (C), and a sister's son (D). Afterwards C died childless. Subsequently to C's death, the widow (18) took possession of the property left by the father, and executed a will assigning over the entire property to her husband's sister's son (1)), and died without putting the legatee into possession of the property willed away. In this case, is the will, according to the law as current in Mithilä and Bengal, valid and binding P On the other hand, supposing no will to have been executed, does the property in question go to the sister's son of A's father, or to his widow, by right of inheritance P It. Supposing A to have died, leaving a widow and father, and the father to have died subsequently, leaving a widow (B), being the step-mother of the deceased A, a minor son (C), and a sister's son (D), and the minor C to have died childless, and subsequently to this, the widow of the father to have enjoyed the property in question and to have assigned it to her husband's sister's son (D) by the execution of a will in his favour, but to have died without putting D into possession of the property therein specified; in this case, according to the law as current in Mithilä and Bengal, the will cannot be held to be valid and binding. And the heirs who are entitled to succeed to the property may be thus enumerated. The widow of the first deceased, (A), who died before his father, is, according to the law as current in Mithilá and I}engal, competent to inherit her husband's property, supposing it to have been divided and separated from that of his co-heirs. If the property was held in joint tenancy, his widow, according to the law According to the law of inheritance as current in Bengal, the father's sister's son is the eighteenth in the order of succesaion ; but according to the law as current in Mithila" and Benares, he is not entitled to the inheritance so long as there is a gotraju or gentile, which term includes all those descended from the same primitive stock, as far as the fourteenth generation. as pre-alent in Bengal, is entitled to succeed to that portion which was her husband's share; but, according to the law as eurrent in Mithilä, she would not be entitled to succeed even to this, for the law expounders of that School declare, that the widow's right of succession depends on the partition of the joint stock, partition being, according to them, the sole cause of creating individual proprietary right. Therefore of A's property, so much as was not his vibhakta or divided, and assidhárana or exclusive property, according to the law as current in Mithilá, and so much as was not his individual proportion, or his share of the joint property, according to the law as current in Bengal, will on the death of the first deceased son, (A), devolve entirely on his father, even though his widow was living. On the death of the father, the whole property to which he (the father) succeeded, should have devolved on his minor son (C) At the death of such son, leaving no child, his property should have devolved on his next heir, that is, according to the law as current in Mithilá, in default of heirs from the widow down to gentiles, on his father's sister's son, he being ranked among the cognates; and not before: but, according to the law as current in Bengal, in default of hoirs from the widow down to the grandfather's grandson, the father's sister's son is entitlod to the succession, ho being the grandfather's daughter's son. This opinion is conformable to the Vivādachintánani and other authoritics, as current in Mithilá, as well as to the Dáyabhāga and other law tracts, as prevalent in Bengal. Authorities:– 1. The passage of the Mahābhārata cited in the Vividachintámani, Dāyabhāya, and other authorities: (See W. D. p. 29). 2. “The term “waste’ means to give, sell, or make other alienation at pleasure.” Fivādachintimani,