v YAvASTHA’-DARPANA. 49. Admitted legal opinion selected and approved of by Sir William Macnaghten. Q. Of three landed proprietors, two died, each leaving a widow, and the third died leaving - two sons, him surviving. The widows and the two sons of the last deceased jointly possessed the ancestral landed estate. Subsequently the widow of the eldest brother died; then the eldest son of the third brother, leaving a widow and his brother, who subsequently died unmarried. Lastly, the widow of the second brother died. There are now surviving only the widow of the third brother's son, and a descendant in the fifth degree of her husband's pateshal line. Under these circumstances, accord ing to law, which of these two survivors is entitled to the landed estate P It. Under the circumstances above stated, the surviving widow has no title to inherit From' her Sapindas or the persons who partake of undivided oblations. 唤 Authorities laid down in the Dáyabhága. Boudha’vana, after premising, “A woman is entitled,” &c. proceeds, “not to the heritage, for females, and persons deficient in an organ of sense or member, are deemed incompetent to inherit.” By the mention of “not to the heritage” is understood that a woman is declared incompetent to succeed her sapindas and the like. The sapinda of the fifth degree is entitled to the succession. To this effect is the text of MAwu contained in the e Es _ Es هيم Dáyabhága : “‘1’o the mearest kinsman (sapinda) the inheritance next belongs.” KULLU KABHarta thus comments on the above passage: “Of thc Sapindas, whosoever becomes nearest is entitled to the inhcritance.” The term (sapinda) extends to the seventh person or the sixth degree of ascent or descentSo also the text of MANU cited in the same authority. Now the relation of the sapindas, or men connected by the funeral cakc, ceases with the seventh person, or in the sixth degree of ascent or descent;" and that of Samānodaka, or those connceted by an equal oblation of water, ends only when their births and family names are no longer known. The Sapindus are entitled to the succession of their Sapindas by reason of conferring benefits on them by presenting oblations to their manes, but not their wives.t. This is conformable to the Dáyabhāga, Dúyatatra, Kramasangraha, and other authorities. Zillah Mymunsinglm. Macm. H. L. Vol. II. Ch. I. Sect. 2, case XI. (p. 29, 80).
- The above vyavasthá is conformable to the Dáyabhāga and the other authorities cited, but not so the definition of Sapinda. Sce Colcb. Dá. bhá. Ch. xi. sect. 1. para. 37.
+ Although the widow of the third brother's son is entirely excluded from inheriting the property left by his uncle's widow, yet of the estate enjoyed by the three brothers she is entitled to one thirdThus : — On the death of two of the proprietors, their widows were their sole heirs, and they were entitled to take two shares out of three, or one share each in right of their respective husbands. On the death of the other brother, his heirs being two sons, his share should have been made into two parts, of which each of his sons was entitled to one. On the death of the widow of the eldest brother, her property, that is, one share which she inherited from her husband, should have been made into two parts, of which her husband’s brother’s sons were each entitled to one. On the death of the eldest son of the third brother, his property should have been inherited by his widow, to the , entire exclusion of the others. On the death of the other son of the third brother, his property should have devolved exclusively on his nearest Sapinda, who by law becomes his legal heir, and on the death of the widow of the second brother, her property also should have devolved on her nearest Sapinda, a female having no title to inherit from her Sapindas. Consequently, supposing neither of the surviving individuals to have received any share, the property should be made into six parts: of which the widow of the third brother's son will take in right of her husband two shares, one of which he inherited from his father, and the other from the widow of his paternal uncle, the eldest son of his grandfather; and the Sapinda, or the fifth in degree of the paternal line, will take the remaining four, that is to say, two which he inherited from the second brother's widow, and the other two from the second son of the third brother. Ꮇ
