.VYAVASTHAT DARPANA 199 Q. successively, leaving their respective heirs and representatives. There were four uterine brothers, who, having enjoyed their patrimony in common, died The eldest brother, having been destitute of male issue, had selected one of the three sons of his second brother, and adopted him as his son after the mode prescribed by law. Of the remaining two sons of his second brother, one di d leaving a sum, and the other is alive. The third brother left a widow only as his heir, and the youngest brother had four sons. The heirs of all the brothers enjoyed their respective shares of the property; and the widow of the third brother dying, there are her husband's eldest brother's adopted son, his second brother's son, and son's son, and his youngest brother's four sons surviving. Under such circumstances, in what proportions will those persols reopectively be entitled to inherit the estate left by the widow of the thiri broth-r? 捻。 brother's five son 3, an adopted son, and a grandson in the male line, according,to the law of MANU, (who If the widow, having succeeded to her husband, (being the third brother,) died leaving his holds the first rank among legislators,) and other authorities, in the enumeration of the twelve descriptions of sons, the adopted still is ranked among the first six, who are heirs to collaterals; and agreeably to the law which is current in this district, an adopted son is entitled to a third share, consequently the property lost by the widow of the third brother will be made into eleven parts ; of which her husband's brother's ‘ive aons will take ten, or two shares each, and the adopted son the remaiuing one. This is consorinable to the law of MANu, the Udrihatatica, Dáyakramasangraha, J'ivádárnarasetu, Dáyatatura, Dattakamínánsá. Dattukachandriksi, commentary on the Diyabhāga, and other authorities. Authorities :— MAN is says: ... “Of the twelve sons of men, whom MAN is, sprung from the Self-existent, has named, six are kinsmen and heirs, six not heirs, (except to their own father), but kinsmen. The son begotten by a man (himself in lawful wedlock), the son of his wife (begotten in the manner before mentioned), a sou given to him, a son inade or adopted, a son of concealed birth or whose real father cannot be known, and a son
lejected (by his natural parents), are the six kinsmen and heirs.” The text of VR111As PATI cited in the &sdriihatatwa : “ MANU holds the first rank among legislators, because he has expressed in his code the whole sense of the Veda : no code is approved which contradicts the sense of any law promulgated by MI ANU.” The following is the doctrine laid down in the Diyakramasangraha. “ In the partition made between legitimate and adopted sous, the legitimate son has two shares, and the adopted sons, who are of the same கு class with the father, take one share.” © The Pirádàrnatasetu coutains the same reading as above. The author of the Dayatatu'a concurs in the preceding observations, saying : Among these “ (the twelve sons of men.) except the son of the body, he who is of an equal class with his adoptive father shall receive one-third of the father's estate, where a son of the body is living.” “A given son, abounding in good qualities (jathi-jāta) existing: should a legitimate son be born at any time, let both be equal sharers of the father's whole estate.” That must he construed, as supposing the former possessed of good qualities, and the legitimate son destitute of the same : on account of the epithet “jathd.játa (abounding in good qualities). (samûha) of good qualities. He in whom there is a “juita', that is, an assemblage This is the meaning. This is laid down in the Dattakamimansd. “Of the man to whom a son has been given, adorned with every quality, that son shall take the heritage, though brought from a different family.” dirties.” “With every quality,” “class, science, observance of This is the doctrine contained in the Dattakachandriksi. I? appears from the commentary on the Diyabhága, the Dáyakramasangraha, JTraidairmarasefu, and other law books, that only in default of a brother's sou, his grandson in the male line is entitled to the succession. Calcutta Court of Appeal. Ch. 1, Sect. 5, Case 5, (pp. 69–72) The claimants to property left by a widow, which had devolved on her at her l; tınband's death, being her husband's brother's son aud grandson, another brother's adopted son, and a third brother's four sons, the property wiłł he made into eleven parts, of which the adopted son will tako one, and the other brotl. tra' f've sons two parts earlı, llac grandron will be excluded.
