পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৩৩১

VYA VASTHA 2 DARPANA 207 R. Under the circumstances above stated, the daughter is excluded; as, on the death of the proprietor, his property devolved on his son, on whom she consers no benefit by presenting funeral oblutions to his manes. The brother's sons are entitled to the succession, because thcy present the funeral oblations to two ancestors, which the original proprietor was bound to offer. Zillah 13urdwan, 3rd December 1819. Unnapūrnā Debi versus Gangāhari Shiromani and others. Ch. I. Sect. 5, Case 11, page 80. Q. A Brähman was survived by his five sons, two of whom died childless. The fourth brother had a son, who died before his father, leaving a widow and a maiden daughter; the fifth died without issue, and the third brother died leaving four sons, the eldest of whom died childless, and the second and third each left a son. The fourth brother's son's daughter, being married, has male issue. In this case, on the death of the fourth brother, who, among the survivors, are entitled to inherit his property P l!. It appears that the son who died before his father lest a widow and a maiden daughter, and subsequently the daughter having been married, had a son. Iłut where there is a brother's son, and a son's daughter's son surviving, the brother's son is entitled to the succession ; the deceased son's daughter's son has no legal claim to inherit from his maternal great grandfather. This is the opinion of the authors of the Diyabhága and other works. March 21st 1821. Ch. l. Seet. 5, Case 15, (page 81). How re-union is effected, is shewn by Wrili.Aspati in the following text:—“He, who being once separated, again, through affection, dwells together (o) with his father, brother, or patcrpal uncle, is termed re-united. He thus shows, that persons, who by birth have common rights in the cstate acquired by the father and grandfather, as father (and son,) brothers, uncle (and nephew,) are re-united, when, after having made a partition, they live together, through mutual affection, as inhabitants of the same house, annulling the previous partition, and stipulating that “the property which is thine, is mine, and that which mine is thine.” The partnership of traders, who are not so circumstanced, and only act in concert on a united capital, is no re-union. Nor are separated co-heirs re-united merely by junction of stock, without an agreement prompted by affection as above stated.* (o) Their dwelling together is not simply a residence in the same house or abode, (for that may happen even without affection, when the habitations are not equally numcrous with the brothers;) but it consists in forming one household ; and their intentions are thus declared: “what is thy property is minc"—their effects are thus intermixed: “the duties of us both shall be the same”—an agreement for community of duties is thus made: in like manner common fare. Consequently, two brothers, again living together, through mutual affection, as joint house-keepers, after having made a partition, are called re-united parceners. Such is the meaning, and the text is so interpreted by RaunusANDANA, JństustavATIANA, VA?chAspati MIsRA, and the *歐 o Coleo. . Da%bha, Ch, XI, Sect. I. para. so, p. 108. Da". T. p. 55. t Coleb. Dig Vel. III, p. 512. A sister is excluded by brother's son. A brouher's son i:, herits te ube exclusion of a son's daughter's son. How re-union is effected