পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৩০৩

VYAVASTHA1 IDARPANA 177 (a) By the expression leaving neither wife nor son, is here meant to indicate the failure of heirs down to the father inclusively. “See Coleb. Da. bhá, p. 194. (i) By the term “mother" is here intended the genitria alone. Hence,— 62. The step-mother is not entitled to inherit." - \oyavasthʼi. After the death of a mother who has inherited the estate of her son, the heirs of her peculiar property shall not take the succession, but the heirs of the son. Therefore, 63. The mother shall not alienate the property inherited from her son.† Wyavastbá. This also is affirmed by the learned to be the opinion of J1 mu rava nana. Misna also asserts that she has no power to give away, or otherwise alien, property which devolves on her.-f Legal opinions delivered in, and admitted by, the several Courts of Judicature, and examined and approved of by Sir William Macnaghten. Q. A minor dies, leaving his mother and four paternal uncles him surviving, and some property, which was joint and unseparated from that of his uncles. In this case, of these individuals, on whom does his share of the undivided estate devolve P If, according to law, the mother has a life-interest in it, is she entitled to obtain the value of a wall of his dwelling house, usurped by one of her husband's brothers ? «r mother is (justly) revered ; who could repay her, even though he tried a hundred years (V xA3A). A mother surpasses a thousand fathers, for she bears the child in her womb, and nourishes it ; therefore is a mother most venerable. A (mere) A cháriya surpasses ten upádhyāyae ; a father, a hundred such dichtiriyas ; and a mother, a thousand (natural) fathers (MANU).--Put although the mother is pronounced to surpass the father in the degree of veneration due to her, yet the notion that the mother's right should precede the father's, must be rejected. For, if a superior title to veneration were the reason of a right of inheritance, the succession would devolve on the spiritual preceptor before the father; since it is said “ of him who is the natural parent, and him who gives holy knowledge, the giver of the sacred science is the more venerable father:” and paternal uncles and the rest would inherit in preference to a younger brother or a nephew. Therefore, the mother's right of succession is after the father. (Coleb. Dá. bhá. pp. 196 & 197). 'This is the opinion of Jr att tava ítana respected in Bengal. The author of Pirádabhangdirnava is of the same opinion, and has founded that opinion almost on the same grounds. Thus : —“Title to respect is no cause of inheritance; were it so, who eould take the estate while both parents exist P But benefits conferred by his own act, and near relation by the funeral cake, are the grounds on which rests the claim of an heir : now, the father is superior by the benefits which he confers ; therefore he has the right of succession, even though the mother be living.” Coleb. Dig. Vol. III. p. 505. - + coleb. Da". bha”, ch. ix seet. 6, para », (p. eus). - * Coleb. Dig. vol. III. pp. 305, 506. Maca- II. L. Vol. ' p. & 5 & 23. El b. Mn. p. 77. - S 2