পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৪৮৯

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WYAVASTHA1DARPANA :367 from ancestors: and legislators have not distinguished property devolving eventually on collaterals or on descendants in the female line.” Against this JAGANNATHA affirms: “That reply is not satisfactory; for, when the heritage of one who leaves no kinsman devolves on f fellow student, or on a learned priest, the father and son would have equal dominion. In the case where the sou of a daughter's son does not succeed to property eventually devolving on a distant heir, by failure of the direct descent in the male line, surely that son has no dominion if his father be dead; but, if his father be living, he is not even noticed. The very same exposition is proper in respect of the heritage deyolving, from the father of the paternal great-grandfather, on the grandson of his grandson ; for that has not regularly descended” from ancestors. But the heritage of the paternal great-grandfather, successively devolving on his son and the rest until it reach the great-grandson. has regularly descended, in that case the rule of equal dominion vested in father anul son must be argued : however, when a great-grandson, whose father and grandfather are both dead, succeeds to the estate of his paternal great-grandfather, he and his son have cqual dominion. There is no objection to explain ‘property left by the paternal grandfather' an estate inherited in right of birth whereby the ancestor attains a region of bliss ; for texts show, that a man reaches heaven by the birth of a son, of a son's son, and of the son of that grandson. F" Coleb. Dig. Vol. III. pp. {} 1–63. e This opinion of JAGANNATHA is reasonable and just. Consequently, 395 The property regularly descended is to be treated like that devolved from the paternal grandfather. - 396 The property devolved from the maternal grandfather and the rest can be used as sclf-acquisitions. - “If a father make a partition between himself and his sons, he may give or reserve, at his pleasure, any part of his acquired wealth :” after this text of Visitsu, the author of Viráďabhangárnava, having cited the following opinions of Cii ANDESIiwan A (1), and MissRA (2): —“This concerns wealth acquired by the father without using the patrimony which had descended from his own father ” (1); “what has been acquired without adventuring patrimony, a father has power to distribute in equal or unequal shares (2)”— says: “that is reasonable; for, what is gained on the adventure of property left by his father, being considered as an acquisition of his father, by means of that property adventured, is deemed a part of his patrimony.” (Dig. II. p. 539). This however is not the doctrine of the Bengal school, according to which, the inchoate right arising from birth not having been admitted, the son has no right to his grandfather's property wihile the father lives: so, any thing acquired by the use of the grandfather's property devolved on the father, and which is then held to be the father's, is of course his own acquired property, and not a part his patrimony.

  • Regular descent extends only to thಟ್ಟಿ great-grandson; on failure of him the estate devolves on the wife, &c. but after

some deviations the line of successions reverts to the lineal kindred. + A nte p. 38. ` L 5 Vayavasthá