VYAVASTH A4 DARPANA I 63 DAUGHTER’s soN’s RIGHT OF sUcc EsstoN. 56. On failure of (the qualified) daughter, (y) the succession devolves on Vyavastha’ the daughter’s son.* אשי (y) By the czpression “on failure of the daughter” is here meant the sailure of the maiden daughter, the daughter who has, and the daughter who is likely to have, a son; since the daughter's son inherits notwitlistanding the existence of the daughter who is barren or who is a sonless widow. I. Iły that male child, whom a daughter, whether knifá or akritá, shall produce from a Authority. husband of equal class, the maternal gandfather becomes grandsire of a son's son : let that son offer the oblation-cake and possess the inheritance.f. Masu. Ch. 1X. V. 136. II. * Let the daughter's son take the whole estate of the father (r) who leaves no son (1) : and let him offer funeral oblations ;-onc to his own father, the other to his maternal grandfather.f. M A Nu. Ch. 1X. V. 132. (r) The term “leaving no son" is here used to signify failure of heirs as far as the daughter: otherwise it contradicts the text of J a’gsyavalkya : (“‘The wise, also the daughters,” &c.,) and also the texts of other sages. (See W. 1)é. Kra. Sang. p. 10.) (1) “ Of father"—that is, of the father of the mother. (See W. Dá. Kra. Sang. p. 10.) III. Between a son's son and the son of a daughter there is no difference in law ; since their father and mother both sprung from the body of the same man.f MANU. Ch. 1X. W. 133. IV. If one die leaving neither son nor grandson, the daughter's son shall 鬱 - inherit the estate; for, by consent o all, the son's son and the daughter's son are alike in respect of the celebration of obsequies.f Vish NU. V. The maiden-daughter, married daughter, and daughter's son, are all signified by the plural term “daughters" in Ja'asy avalkya's text:—“The wife and the daughters, &c." (See V. D. p. 29.) As the word “sun,” in the phrase “who departed for heaven leaving no son,” intends male issue down to the great grandson, since he is equally a giver of oblations; so does the term “daughters" comprehend the daughter's son, for he also is the giver of oblation-cakes.S The followers of the Mithild school assert, that the daughter's son is entitled to the heritage Rem” after the whole of the heirs ei.umerated in the text—“The wife, also the daughter, &c.," and
- w. Das kra sang. p. 9-coleb. Da. bhaí. Ch. xl. sect. 2, paras. 17 & 19. pp. 189 x 190-coleb. Dig. Vol. III. p. 498. Macn. H. L. Vol. I. Ch. ll. p. 23 & 25. Eib. In. p. 77.
- Coleb. Da. bha . p. 190.-W. Da . Kra. Sang. p. 10.-Da'. T. p. 54.
- _ ベ or * coleb. Da. bha . p. 191. Das. T. p. 54.—Coleb. Dig. Vol. III. p. 49s. This text is not found in the institutes of Vishnu. It is cited by RA on unan n as a in Dayatatua as on the authoritity of G به ۶ و n ه ه راه به ه quotation.
- Coleb. Da. bha . p. 192.–Da. t. pp. ss & sa. Coleb. Dig vol. 11". p. 298.
