vyāvastha-DARPANA 191 74. Among brothers, who become re-united, through mutual affection, after Wyavasthá. being separated, there is no right of seniority, if partition be again made. VriHasPATt. See Coleb. Dá. bhá, p. 164.
Hero the denial of right of seniority must be understood as relative to the re-united parceners Remark. of the three superior tribes, the right of primogeniture being always denied anong the Shādras. * Dáyataturya, p. 56. - - u ʼ " . . - Such is also the case in the sucesàion of the nephews of the whole and half blood. W. D&. Kra. Sang. p. 15. - 75. A brother's son has not an equal claim with a brother.” Wyawasthá. Because the whole brother who is the giver of six oblation-cakes, and the half brother who is Reason. the giver of three oblation-cakes, which it was incumbent on the late owner to give, confer more benefit than the brother's son, who is but the giver of two oblation-cakes which the late proprietor was bound to offer (to his father and paternal grandfather). Ji Mustavailasa concurs herein." - Vishnu says, “If he be dead, it goes to the brother's son,” &c.f. Here the word “he” must Authority. relate to the nearest term “brother".” And Jagsyavackra intimates, that in default of brothers, their sons inheritt by saying, on failure of the first of these, the next in order takes the estate.* • I. Krishna Gobind Sen versus Lādi Mohan Thākur. August 1819. S. D. A. R. Vol. II. p. 209. Cases - * bearing on the vyavasthā. II. Galádhar Sarımá and Kálidás Sarmá versus Ajodhyá Rám Choudhurí–80th October 1794. Nos. 64. S. D. A. R. Vol. 1. p. 6. Vide V. D. pp. 182—184. III. Gangāmāyā versus Krishna Kishore Choudhuri, 17th December 1821. S. D. A. Rep. Vol. III. pp. 128—182. Vide V. D. pp. 150—161. . - IV. In the ease of Réjendra Dás versus Dhammani, $udder Dewanny Adawlut Reporta, Vol. III. p. 862, it was determined, that according to the Hindu law as current in Bengal, on the death of a widow who had claimed her husband's property, her daughter will inherit, to the exclusion of her husband's brother, if the daughter have, or is likely to have, male issue, and on her death without issue, her father's brother will inherit to the exclusion of her husband. . Maon. H. L. Wol. I. pp. 22, 23. A Hindu, through his mother, succeeded to his maternal grandfather's estate, and died leaving a widow @ Cases 净 and a half brother; and was succeeded by the widow, who enjoyed the estate during life. On her death, her bearing on the vyavasthā husband's half brother sued for the estate. Held that at the death of the widow, the plaintiff, as half Nos, 68, - brother, was entitled to succeed to the property left by her husband, to the exclusion of his maternal grandfather's brother's grand children–Rám Chandra Sarmá versus Gangá Gobinda Bánariyá-lst February 1820. S. D. R. Vol. III. p. 117. * , . °. **** * • • coleb. Dig. Vol. III, p. 518. * Vide v. D. p. 29,
