VYAWASTHAT DARPANA. 820 as his heir. At the suit of Prankishen against her, in the Dewanny Adawlut of Moorshedabad, for the right to the property, judgment went for the defendant : in appeal from which judgment to the Sudder Dewanny Adawlut, the question was, who was the rightful heir to the property of Anundmoyee at her demise On this point the Pandit was called on to explain the law and the answer of Itádhákánt Paudit was this : " Upon the death of Anundmoyce the property devolves on her daughter. It comes under the description of stridhan, and as such devolves on the daughter. But it is not the stridhan of the daughter, and upon her death it will not go to her daughter, but to the brother of her mother, and, if he be not living, to his son. The Sudper Dewanny Adawlut (present Earl Cornwallis, F. Speke, W. Cowper, and T. Graham,) adjudged, that the claimant should recover the property, and passed a decree accordingly, reversing that of the Zillah Judge," 25th of April 1793. S. D. A. R. vol. I. p. 3. • The property, laving heen given to Amundmoyce hy her father, on the wrasion of her marring was undoubtedly her stridhan, (Jimistartikana, Cha. IV, Sect. 1,) and should have devolved, upon her death, on her daughter, whether unmarried, married, or widow. (Ibid. Sect. 2. § 12 and 22.) But ou the demise of that daughter, the land being, in respect of her, an inheritance, and not the peculiar property termed stri. dhan, it would not pass to her daughter, a childless widow, (Jimittarāhana. Cha. II, Sect. 2, 3,) but to the next nearest heir. This appears to be the ground of the opinion delivered by Rádhákánt Paudit in this cause : and it supposes the childless widow to have been so at the time of her mother's decease ; for, if she had been then unmarried, or if her husband had been living, she would have succeeded to her mother's property of every sort. In preference to the mother's brother or his son, (Jinuturákana, Cha. II. Sect, 2,) who only have come in after her decease. (Ibid. § 30.)
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