VYAVASTHA2DARPANA 275 3. The text of Vishnu cited in the Vivaidachinfiman; and other law tracts:—“The wealth of him who leaves no male issue, goes to his wife; on failure of her, to his daughter; failing her, to his mother; in her default, to the father, and so forth.” 4. “This rule applies to the husband's divided property.”—Vivādachintimani. 5. “Therefore the doctrine of Jitendriya, who affirms the right of the wife to inherit the whole property of her husband, leaving no male issue, without attention to the circumstance of his being separated from his co-heirs or reunited with them, (for no such distinction is specified,) should be respected.”–Dáyabhága. 6. “On failure of gentiles, the cognates are heirs. Cognates are of three kinds; related to the person himself, to his father, and to his mother; as is declared by the following text of JA'GNYAvALKYA: “The sons of his own father's sister, the sons of his own mother's sister, and the sons of his own maternal unele, must be considered as his own cognate kindred. The sons of his father's paternal aunt, the sons of his father's matcrual aunt, and the sons of his father's maternal uncle, must be deemed his father's cognate kindred. The sons of his mother's paternal aunt, the sons of his mother's maternal aunt, and the sons of his mother's maternal unele, must be reckoned his mother's cognate kindred.”—Pividuchintaimani. 7. The following is a text of the Daiyabhūga :—“The succession of the grandfather's and greatgrandfather's lineal descendants, including the daughter's son, must be understood in a similar manner according to the proximity of the funeral offering.” - 8. In the case of non-partition, the text of SANKii YA cited in the Vivādachintai mani applies: “To the childless wives of brothers and of sons, strictly observing the conduct prescribed, their spiritual parent must allot mere food, and old garments which are not tattered.” Sudder Dewanny Adawlut, December 18th, 1826. Musst. Hariyá Bibi versus Bhavani Lál. Macn. H. L. Vol. II. Ch. I. Sec. 6, Case XI. (pp. 91—94). 100. In default of the paternal grandfather's daughter's son, the paternal Vyavasthā. uncle's daughter's son succeeds.” Because he presents two oblation-cakes in which the deceased owner participates, namely, the Reason. owner's paternal grandfather and great-grandfathcr. 101. Then succeeds the paternal great grandfather.f Vyuvasthá. Because the (late) owner participates in the oblation offered to the paternal great-grandfather $ Reason. and also because of the analogy abovementioned. 102. Failing him, the paternal great-grandmother is entitled to succeed.t Vyavasthā. Because she shares the oblation-cake offered by her great-grandson. This observation of Reason & Authority. Jı Mu‘rava Hana and RAGHUNUNDANA should be respected. Coleb. Dig. Vol. III. p. 529.
- W. Dá. Kra. Sang. p. 22. Maen. H. L. Vol. I. p. 29. Elb. In. p. 88.
t W. Dá. Kra. Sang. p. 22. Dá. T. p. 61. Coleb. Dig. Vol. III. p. 528. Maen. H. L. Vol. I. pp. 20, 8l. It must not be argued, that in the want of a positive text, the succession of the paternal great-grandmother is forbidden by the general maxim : “wealth was conferred for the sake of defraying sacrifices; therefore distribute it among honest persons, not among women, ignorant men, and such as neglect their duties.” A man should not affirm, of his own authority, that no such special ordinance exists; for the occasion of the law has not been traversed. Coleb. Dig. Vol. III. p. 529, R. 3
