পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৩২৭

VYAWASTHACIDARPANA 203 and the second (E) leaving a widow. The widow had enjoyed her husband's share, and died. Now D's adopted son, A's grandson, and C's sons are living, and claim the property left by E's widow. Under such circumstances, which of the claimants has a legal right to the succession ? R. Under the circumstances above stated, the widow's husband's uterine brother's adopted son is exclusively entitled to the inheritance, by reason of his conferring benefits by presenting oblations to the names of her husband's mother, sather, and grandfather. Her husband's two uncles' sons and grandson are excluded by his uterine brother's adopted son. Isholánáth Sarmá persus Rājehandra Sarmá. Dacca Court of Appeal, December 10th 1805. Ch. I. Sec. 5, Case 8, (pp. 74, 75). Q A person who had lived in co-parcenery with his two nephews, separated himself from them, and enused a partition to be made of the movable and immovable property. From that time he continued to live with his own son, who, having acquired some property, subsequently died leaving a widow. By the widow’s consent, one of the nephews performed the funeral ceremony, &c. of her deceased husband. The father next died, and his obsequies and funeral ceremonies were also performed by one of the nephews, and in the same manner as that of his son. It appears that the property in dispute is the joint acquisition both of the father and son. Both the nephews who are separated, and the widow of the son, are alive Under these circumstances, which of the surviving individuals is entitled to the succession ? R. In default of heirs down to the brother, the nepliews succeed, to the entire exclusion of a son's widow, and the son having died lefore the father, the nephews will be his heirs. Whosoever dies leaving no heir down to the great-grandson, his widow is sole proprietor of his estate, whether it consist of land or personal property. Consequently the acquisitions of the son will devolve on his widow ; but not the property left by his father, who survived him. May 18th, 1820. Ch. I. Sect. 5, Case 9, page 76. Q. A person had three sons, A, B, and C, who divided their paternal estate, and took possession of their respective shares. A, the eldest, died. leaving three soils, one of whom lied, leaving no heir. The second son, 13, died, leaving a widow and a daughter; and the younger son, (', died, leaving a daughter and her two sons. B's widow, who succeeded him in possessiou of his share of the property, left at her death a daughter, who also died subsequently, leaving a daughter. In this case, will the property left by B, devolve on his daughter's daughter, or on his brother's sons : R. Under the circumstances above stated, on the death of the seeand son, 13, his property which he inherited fron his father should have levolved on his widow, then on his daughter, on whose denise her father's brother's sons are entitled to the succsesion. Here the daughter's slaughter is excluded from in heritance. This opinion is conformable to the Diyabhaga and other works of law. Zillah 21 Pergunahs, Septeui 1806. Ch. I. Sect. 5, ('ase 10, page 76. Q. Qf two IIindu landed proprietors, who were uterine brothers, one died childless, leaving a widow. The second brother, his son and son's son, died before the widow ; but the second brother's son's widow, his own daughter, and daughter's two sons, are living. In this case, on the death of the first lorother's widow, will her property devolve on the second brother's son's widow, or on his daughter or daughter's sons, or on the kinsmen sprung from the saune paternal stuck in the sixth degree of her husband P What is the law, supposing the first brother's widow to have lived with the second brother's son's widow jointly in respect of food and other matters, and supposing the kinsmen sprung from the same paternal stock to have been beyond the seventh degree in point of relationship 2 R. Of the two uterine brothers, supposing one to have died leaving a widow, his property should have devolved on the widow. When the second brother dict! without a son or son's son, leaving a son's widow, his own daughter and daughter's two sons him surviving; then, on the death of his first brother's The adopted hon of a brother excludes the son and grandson of an uncle. A brother's sons though ri-parated exclude - evil's widlow. A brother's sons exclude the daughter of a daughter. According te the bent authorities of Hindu law, a brother's dlaughter's son has no right of Rus cessiou.