VYAVASTHA?.DARPANA 171 R. Under the circumstances stated, the property which the younger son's daughter inherited from her father will go to the original proprietor's daughter's son, to the entire exclusion of her husband and daughter, because the grandson confers more benefit on the deceased. Any property which is her own peculium, her own heirs will take. This is consonant to tho Dáyabhāga. Zillah Hooghly, February 28th 1817. Ch. I. Sect. 3, Case 14. (pp. 56, 57). Q. A person brought an action, claiming his maternal grandfather's property, while his mother was living, and there was a possibility of her bearing more children. In this case, was the grandson entitled to a judgment for the property P R. The plaintiff's mother has exclusive right to the property claimed, consequently the plaintiff cannot be considered in the light of an heir to the deceased, så long as his mother survives. Zillah Twenty-four Pergunnahs. Ch. I. Sect. 3, Case 15. (p. 57).
Q. A landed proprietor died, leaving two widows and two daughters by different wives. Some time after the widows died, and on their death the first wife's daughter who is a childless widow, and the second wife's daughter who is mother of two sons, jointly possessed the estate, and equally shared the produce of it. The daughter who i“a childless widow, disposed of a moiety of the estate by a deed of gift in favour of her own spiritual teacher (gooroo), for the benefit of her deceased father. In this case, has the deed of gift validity or otherwise P R. Under the circumstances stated, the childless widowed daughter has no right to any part of the paternal estate, even thotgh she enjoyed the moiety of its produce, consequently, the gift, which was made without the sanction of her half-sister and her sons, is illegal. This is conformable to the Dáyabhāga, and other legal authorities. - Authorities. “Thereforo the doctrine should bo rospected, which Dikshita maintains, namely, that a daughter, who is mother of male issue, or who is likely to become so, is competent to inherit; not one who is a widow, or is barren, or fails in bringing male issue, as bearing nono but daughters, or from some other cause.” The Dāyabhāga. - “The doctrine maintained by Dikshita, and respected by the author of the Dáyabhāga, namely, that in default of daughters having, and daughters likely to have, male issue, daughters who are barren, or widows destitute of male issue, are incompetent to take the inheritance, because they can not benefit the deceased owner by offering (through the medium of sons) the funeral oblation at solemn obsequies, should be understood.” The Dáyakramasangraha. Calcutta court of appeal. Ch. I. Sect. 3, Case. 16. (pp. 57, 58). See the case of Jagamohan Mukerjys, and Gopi Mohan Mukerjyā versus Panchánan Chátturiyá and amothor, (7th Jume 1825. 8. D. A. R. Vol. IV. p. 67) in which the estate of a deceased proprietor was awarded to the sons of his daughter in preference to the grandsons by lineal descent in the male line of his full brother. - Rámprasād had six wives, four of whom died childless. By his wife Parameshwari (one of th9 two surviving wives) he had a daughter named Sarba Mangalâ, mother of the plaintiff, and by his other (surviving) wife, Padma Mukhi, also, he had a daughter named Krishna Pryiá, mother of the defendants. The plaintiff, after the death of his own maternal grandmother, maternal grandfather, and Padma Mukhi, the other wife of his maternal grandfather, sued the defendants for half of the estate left by h" " grandfather Ancestral property inherited by a daughter will at her 'death go tu her father's relations, to the exclusion of her husband's daughter A man cannot claim his maternal granufa;her'^ pro-. perty, while his mother is living. A chilúless widuwed daughter is excluded by a daughter who has male issue.
