vYAwAsThA<DARPANA 155 Accordingly, where there are married and unmarried daughters, the maiden exclude the married daughters from the inheritance. To this effect the Dáyabhāga cites the text of Panassana –“Let a maiden daughter take the heritage of one who dies leaving no male issue; or, if there be no such daughter, a married one shall inherit.” Manu –“His own maiden daughter, born in holy wedlock, shall like a son take the inheritance of him who dies without male issue.” - o 呜 - First, the maiden daughter takes the inheritance, then the daughter who has been betrothed, and lustly the married daughter: this is the rule of the daughters' succession. The claim, therefore, of the married daughter is inadmissible.—City of Dacca, January 8th, 1817. Ch. I. Sect. 3, Case 1, (pp. 80,40). Q. A person died, leaving a son and a daughter by different wives. The son is insane and dumb, and there is no hope of his recovery. In this case, is the daughter alone entitled to succeed to her father's property, or does it devolve on his maternal grandfather, subject to the cogition of his maintaining the son ? - - - R. Under the circumstances stated, in default of his widow, the daughter of the deceased is alone entitled to the succession, to the exclusion of the son. The son's maternal grandfather has no legal claim to any share of the property subject to the condition stated, but the son must be supplied with the necessaries of life by his half sister. Authorities : MANU :—“Impotent persons and outcasts, persons born blind and deaf, mad men, idiots, the dumb, and those who have lost a sense or a limb, are excluded from a share of the heritage.” " DEvalA:—“On the death of a father (or other owner of property), neither an impotent man, nor a person afflicted with elephantiasis, nor a mad man, nor an idiot, nor one born blind, nor one degraded for sin, uor the issue of a degraded man, nor a hypocrite or impostor, shall take any share of his heritage. For such men, except those degraded, let food and clothes be provided.” Zillah Burdwan, July 25th 1822. Ch. I, Sect. 3, Case 3, (pp. 42, 43). Q. A man of the shūdra tribe had a son and a daughter. The son died during the life-time of his father, leaving a widow. Afterwards the father died, leaving a daughter, who is mother of male issue, and his son's widow. According to law, is the widow entitled to inherit the property, or the daughter of the deceased proprietor P R. If the man died leaving no widow, his daughter. (who is mother of male issue) is entitled to inherit his entire property, although there is a widow of his son; the widow having no right to her fatherin-law's property where his own daughter exists, because the daughter may cause her sons to present the funeral cake to her father, and also to two of his ancestors, but the widow of his son is not competent to fulfil this duty. - - Authorities.—“The wife and the daughters, also both parents, brothers likewise, and sons, gentiles, cognates, a pupil and a fellow student: on failure of the first among these, the next in order is indeed heir to the estate of one who departed for heaven, leaving no male issue.” “Even the son of a daughter delivers him in the next world, like the son of a son.” These doctrines are laid down in the Dayabhāya and other works. City Dacca, March 27th, 1815. Ch. I. Sect. 3, Case 4, (pp. 43,44). Q. If a person die, having two daughters, and subsequently one of them die, leaving two sons and her sister, her surviving; in this case, will the property of the daughter devolve on her sons, or on her sister? What is the law in respect of such property, whether it be divided or undivided ? 盈 ی مجمچو
- This is not-a text of Manu, but of Deva La
There being n son daughter by different mothere: and the son being insane and dumb, the daughter is alone entilled to the succession. A daughter excludes a son's widow. 秀
