পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৩০৫

vYÄVÄSTHA DARPANA 179 R. Supposing the minor to die, lasting no heirs down to the father, his mother will take the entire estate, whether consisting. of movableso immovables ; and where there is a mother living, the paternal uncles have no title to the inheritance. The uncle who has taken possession of the was, which was in common, is to pay the value of the deceased's portion thereof to the mother, as she is the sole heir of her son. - 羅》 . . . - Authorities :JAGNYavaLKYA says: “The wife and the daughters, also both parents," &c. (Vide W. D. p. 29). VEIHASPATI says: “Of a deceased son, who leaves neither wife nor male issue, the mother must be sonsidered as heir ; or by her consent, the brother may inherit.” Zillah Nuddea. Annapáma Debí, τοπι, Rámjoy Mukariyé. ch. I sect. 4, Case 1, (p. 59.) Q.: 1. A person had three sonsby his two wives. On the death of the second son, who was unmarried, the father divided his real and personal property between his survivi g sons in equal portions. The two brothers separated from each other during the father's life-time, and enjoyed their respective shares of the property. Shortly after, the eldest son died, leaving a widow and two sons, one of whom did not long survive. At the death of the original proprietor, he left his second son, and his eldest son's widow and son, him surviving. The widow of the eldest son, together with her son, took possession of his share; and lastly her son, (that is, the grandson of the original proprietor) died, and . after his death also the widowsontinued in possession for some time of the share which had belonged to her husband; but now the younger son of the original proprietor is desirous of ousting the widow of the cliest son, and they are contesting about the property. Supposing the fact of the adjustment of the shares, and the partition of the property to have been made as specified, in this case, how will the estate of the original proprietor be distributed among the parties, that is, the younger son of the proprietor, and his eldest son's widow P R. 1. If it be proved that the original proprietor made the partition of his estate as specified, then his younger son and his grandson's mother, (the widow of his eldest son) are respectively entitled to the portions which he assigned to his sons. كي Q. 2. Supposing the original proprictor to have had three sons by two wives, the second son to have died unmarried before his father, the eldest son to have died also before his father, leaving a widow and two sons, (one of whom subsequently died,) and then the original proprietor, without having made any division of his property, to have died before his younger son, and his eldest son's widow and son (who is since dead;) in this case, of the survivors, that is, the younger son of the original proprietor, and his cldest son's widow, which is entitled to inherit his property; and if both, to what proportion is each of them entitled P - R. 2. pn the death of the original proprietor, his son and grandson were entitled to inherit in equal portions, and on the death of such grandson, leaving no heir down to the father, the mother is successor; consequently the property left by the original proprietor will devolve both on his younger son and his eldest son's widow in equal shares. ". Calcutta Court of Appeal, July 22nd 1805. Debi Prasād Châturiyā. versus Sebä Dási Debi. Ch. I. Sect. 4, Case"II. (pp. 60, 61). - Q. After the death of Ratanmälä, first widow of Krishnakishore, and of Nandakoshi-hwar, by adopted by her, without issue, who was heir to the two anna share left by them, is y, t, had not been Nārāyanī Debi, second widow of Krishnakishore ? or Rámkishore, the son adophons Råla Shankar, Róın so? or the heirs of Krishnagopal Răy, full brother of Krishnakishore?n died, leaving a son. Charanjit. and Lakkhinārāyan, half brothers of Krishnakishore ? And does to son of Kishishwar, leavizig a son illegality of the adoption of Rámkishore by the appellant, Nárána Náth. Rám Sloh: then diel. leavin ; In Bengal, a mother in-. herits joint property, to the exclusion of a paternal: uncle. And divided property universally. In succession to her son. who shared his grandfath: estate equally wo uncle. Cases bearing on the w *w as:ha` Νι». ti0. (use : bearing on the was astha No. E!.