YYAVASTHA'-IDARPANA.. . 437 inherit his share, and also on partition she shall, as mother, get another share equal to that of one of her sons. 138. The mother is entitled to a share equal to that of a son not, only on parti. Vyavastha. tion between her sons themselves, but also between her son and the heir of a son deceased.* 139 If one of the brothers or the heir of a deceased brother shall take his share Vyavasthas of either of the movable or immovable property, this will give the mother a right
- In the case of Guruprasād Bose v. Shibchandra Bose &c. the court made further enquiry, and
obtained the best information;--we were ultimately satisfied that, upon a partition by her son and grandsons, Khanjani was entitled to share, as she would have been had the partition been made by her sons. Cons. H. L. p. 29. * - If A shall have three sons B, C, and D, by one wife, and if A shall die, leaving his sons B & C, and his grandsons E, F, and G, by his son D, and his widow, the mother of B, C, & D, surviving, then upon partition made between B, C, E, F, and G, the mother of B,C, and D (i. e. the widow of A) shall take one fourth of his (A's) estate, or as much as E, F, and G (sons of D) shall take among them jointly. The same rule will hold, if two of her sons had died, and if partition had been made betwecn her living son and the sons of her two deceased sons;–as, if C & D had died,. she will in this case also take one fourth of A’s estate—she shall take one share—her living son B shall take one share——the sons of C shall take one share among them, and the sons of D shall take a share among them.—Cons. H. L. p. 52. It is well established that she is entitled to a share, if her sons, her grandsons, or her sons and grand sons should divide the estate.—As there is nothing to exclude her in the case of a more remote descendant being a party to the partition; it is, I think both reasonable and just that she should have her share, al... though such a person should chance to be one of the partitioners-Cons H. L. p. 80. _ ● If A shall die leaving a widow, the mother of B, C, and D, and these three sons surviving him; if B then shall die leaving three sons, E, F, and G,-and C die leaving four soms H, I, K, and L,-and L die leaving two sons M and N, and a partition then take place between the several parties, i. e. D the surviving son of A; E, F, and G, the sons of B; H, I, and K, the sons of C; and M and N, the sous of L; the estate of A shall in the first instance, be divided into four parts, of which his widow will take one; D his surviving son will take bne; E, F and G,the sons of B, will take one; and the descendants,the sons and grandsons of C, will take one; or if all the parties separate from each other, then the estate of A, being divided into forty-eight parts, his widow will take twelve, D will take twelve; E, F, and G, four each; H, I and K, three each; and Mi and N, one and a half each or three between them.—Cons. H. L. p. 40. We have seen that on a primary partition in the last mentioned case, the widow of A will be entitled to a fourth part of his estate ; that his surviving son D will be entitled to a fourth part ; that the sons of B will be entitled to a fourth part; and that the descendants of C will be entitled to a fourth part. Now let us suppose the widows of B, C, and L, to be living when their sons respectively come to a partition among themselves; then the proportion of E, F, and G shall be divided into four parts, of which ; the widow of B will take one, and E, F, and G one each. The proportion of H, I, and K shall be divided into four parts, ဒိုင္ငံႏို the widow of C will take one, and H, H and K one each. The proportion of M and N shall be divided into three parts, of which the widow of L will take one, and M and one each. But upon the primary partition; A's will be the only widow entitled to a share. The claims of the other widows will not arise, until partition be made. among their own sons.—Cons. H. L. p. 40.
