WYAWASTEHA.DART ANA. 8 Հ{, instance, is applicable to others also, provided there be no impediment.” The circumstance: of an infant and his adopted son being similar to those of eunuchs and the like and their adopted sons,” there is no impediment to the rule, laid dowu for the latter, being applied to the adopted sons of infants, t—Consequently, when a son is adopted by a minor, endued with discretion. that son should be entitled to maintenance according to the rule of the lattuku-chundriká. legal opinions delivered in, and admitted hy, the screra/ courts of judicature, and eramined and approred (f hy Sir William Miluenaghten, Q. Is an unmarried person competent to adopt a boy as his son, or otherwise? R. An unmarried person may, for the purpose of securing his own and his ancestors, funeral oblations of food and water, adopt a boy. This is consonant to the lattuku-rhundriká, buttaku-darpalla, and other works. Zillah Jungle Mehals, May 11th 1826. Maen II. L. vol. II, Chap. VI. Case 1. p. 175. Q. l. Is a woman, on the death of her husband, competent to adopt a son or not * R. I. If her husband left directions with her to adopt a boy, and then died, in that case the widow is authorised by law to receive a son in adoption, but not otherwise, An uainarried person may adopt. A widow talinot adopt a son without the permission of her Authoritiew:—The text of Pushishtha, eited in the firstdachinfimani and firstdal/angāraara!— late husband, "Let not a woman either give or receive a son in adoption, unless with the assent of her husband.” Q. 2. A person died before his father, leaving a widow in a state of pregnancy, who was subsequently delivered of a child. In this case, is the posthumous child entitled to its father', property 2 R. 2. If the son leaving a pregnant wife died before his father, while the family were in a state of union, and the widow subsequently brought forth a son, such hon, on the death of his grandfather, is entitled to inherit his father's portion along with his uncles or other heirs; but is the widow bring forth a daughter, she cannot claim a share, because there is no provision in the law that a granddaughter, whose father's death happened previously to that of his father may inherit from her grandfather. But supposing the original proprietor to have divided his estate between himself and his deceased son, in that case the granddaughter is competent to inherit her father's share, Authorities :-The text of (lityáyaan, titel in the Diwa/attra: "Should a son die brfore partition, his share shall he allotted to his son, provided he had received no fortune from his grandfather. That son's son shall receive his father's share from his uncle, or from his imele’s son.” Q. 3. Is it customary to enter into any written agreement on the occasion of adopting a huv ; and if so, is an adoption in which no writing was executed necessarily null and void? R. 3, There is no law requiring the execution of a written instrument on the occasion of
- See Srí Krishna's commentary on the Diyabhága Sans, pp. 81. 82. Ante, p. 357.
t That is, as eunuchs and the like, being themselves not entitled to their patrimony, cannot make their adopted sons entitled to such property, so an infant not having power to dispose of property, cannot make his adopted son successor to property. A written in
