VYAVASTHA DARPANA, 159 R. I. At the death of the original proprietor, who left no heir down to a great grandson, his widow was entitled to his property; and at her death, her daughter, B, had the right of inheritance, her son's (C’s) widow having no right of succession; as her husband's property over his maternal grandfather's property could not have accrued during the life-time of his mother; but on the death of B, her son, D, is entitled to inherit the whole property of his maternal grandfather; and on his death, his heirs will take it, to the exclusion of C's widow. This opinion is conformable to the Dáyabhāga, Vivádabhangárnava, and other authorities, - * , - Authorities—The text of Jasanyavalkya and Vishnu.” Q 2. On the death of the original proprietor, his widow made a gift of his entire property to her two grandsons C and D, while their mother, that is the daughter (B) was living. . In this case is the gift binding and good? R - , и R. 2. Supposing the widow, during the life-time of her daughter B, to have made a gift of the whole property of her husband which 驚 on her at his death by law of inheritance, without the express consent of her daughter, to her two grandsons, the gift is illegal, as it is a settled rule, that the widow has only the right to enjoy her husband's property with moderation until her death. This is consonant to the doctrines cited in the Dáyabhāga and other law tracts. ** e. Authorities.—The text of KATYAGANA, and that of Dánadharma a chapter of the Mahābhārata: Zillah Nuddea, March 8th 1823–Ch. I. Sect. 3, Case 8, (pp. 47–49). Khyamankari-Dási versus Ananda Chandra Gupta. Q. Is a daughter's son entitled to inherit the estate of her material grandfather, while a childless widowed daughter of that ancestor exists P . 曾 R. The daughter's son is alone entitled to succeed his maternal grandfather, even though his daughter who is a childless widow is living, she being excluded by reason of her having neither husband nor issue. 彰 Authorities — The text of VRIHAspati cited in the Dáyabhāga and other legal authorities. “As the ownership of her father's wealth devolves on her, although kindred exists; so her son likewise is acknowledged to be heir to his maternal grandfather's estate.” e MANU-‘The maternal grandfather becomes in law the father of a son: ; let that son give the funeral eake, and possess the inheritance.”$ The true meaning of the preceding passage is, “that in default of daughters likely to have male issue, daughters who are barren, or widows destitute of male issue, are incompetent to take the inheritance, because they cannot benefit the deceased owner by offering (through the medium of sons) the funeral oblation at solemn obseqiues.” Zillah Hooghly, July 1st 1822. "Ch. I. Sect. 3, Case 9, (pp. 49, 50). I. A widow died after suing for her husband's property. The Sudder Court pronounced a decree in favour of her daughter. The vyatashtū upon which this decree was founded, was:–“The daughter was the legal heir, if she have a son, or if there be any probability of her having one. Should she die without producing a son, her husband had no claim to the property which should (then) devolve on her father's heirs-Răj Chandra Dás versus Musst. Dhan Mani—24th May 1824. S. D. A. Rep. vol. III. pp. 861--883. + - - - II. A person named Shiv Nāth died leaving a pregnant widow (named Bhagavati) and an uterine brother named Gobinda Prasād. Subsequently his widow brought forth a daughter who was named Gangā Māyā. The widow then died leaving the daughter who was married long after her death. Subsequently, Gobinda Prasād (brother of the original proprictor) died leaving a son named Krishna Kishore. A few years after
- To be found at page 89 of the Vyavasthé-Durpana, t To be at pages B5 & 59 of the Vuurasthd-Darpana.
This should be “usandsire of a son's son” and not “ father of a son”. See the above text in the Institutes of Manu. 4 The last stanza of Manv. IX. 189. The Claimants being : daughter or daughter's son and the widow of a daugh. ter's son, the latter will bl excluded, and two first wil inherit, in succession. . A daughter's son excludes a daughter, being a childless widow. Cases bearing on the vyavasths’ No. 46.
