VYAVASTHA1DA IR.PANA 215 It. Under the circumstances above stated, the sister's son is exclusively entitled to succeed to his . A so excludes a uncle's estate, he being the grandson of his (the minor's) father. The step-mother ultist be provided by t an vt patri ual him with food and raiment out of the estate. The paternal uncles were not entitled to succeed. because there was a probability of the sister's bearing a son. Authoritics cited in the Daiyahhsign :--“On sailure of heirs of the father down to the great groad-on, it inust be understood that the succession devolves on the father's daugthor's soil, in like manner as i: descends to the owner's daughter's son; for even the son of a daughter delivers him in the next world J.K. the son of a son.” The text of MANU, laid down in the same authority : “They who are boru, and they who are y, , unbegotten, and they who are actually in the womb, all require the means of support; and the dissipation of their hereditary maintenance is censured.” The text of VR111As PATI, cited in the I saruhtirafufura and other authorities: “The property of a house, arable land, a market, or other inlinovables which are possessed by a friend, or a near kin-nuum is to." male or female line, who is not the proprietor, shall not be lost to the rightsul owner.” l)acca Court of Appeal, May 3lst. Chap. I. Sect. 6, Case 2, pp. 84, 85. Q. 1. Of two brothers the eldest had a son (sime, load), whose son A is living. The sec. 11; it, "...or ital a son, 13, and three daughters, ( , !), and E. 1; died unmarried. Of the daughters, (" and I) disol, the former leaving no male issue, and the latter leaving a son, F. The last nouncile slaughter, E, is living, and has a son, (#. The above individuals lived separately as a divided sawmily. and I; died poss.'ssel of his father's property. In this case, which of these three individuals, (that is to say, A, E, and F.) is owtitled to succeed to the estate lest by 13 P two grandsons in the female line, that is, Faud (;, are entitled to share equally the property les, by him. R. I. It appears that B died, leaving no heir down to a daughter's son ; eon-equently his father's sisters have no m. , of inh ritance, but their -o,+ - ext lude the I aternal untie's because they confer benefits on his father by offering the funeral cake to his man.'s. Il re the sirther's soa's -oo. laughters' sous are living, and succeed in default of his own daughter's son. The uvarosl i, in-niān v. ho sprung from the same line, that is, A, the uncle's grandson, has no right of succession. L (t.e. sist, r of 13) has to title to inherit her brother's estate. Q. 2. Supposing it to have been an invariable rule in the family, that the n arest kin-tuito of the same stock should inherit, though there be a daughter and daughter's sons livia, o, and a no inh, r of such family die, leaving no son; according to law, will his property in such case devolve on the kinsteam, or on the daughter and daughter's sons 2 18. 2. Should it be proved that the usage stated in the question lias been invariable and immielmorial loss the , ontrary sho.it hits to been the n, v.in obi. R - - 74 visage 歌 in the family of the parties, in this case ly's property will devolve on his kinstman (A), to the exclusion of the other heirs. Zillah Junglemehauls, June, 16th 1823. Ch. I. See. 6, Case 3, pp. S5, St. Q. Two hrothers of the whole blood having divided their paternal estate, consisting of lands, iroi; “s. and other real and personal property, lived apart, in the enjoyment of their respective shar, s. 'I, eldest brother was succeeded by his only son, who died without issue, leaving a -ister of the hall blo, , her sons, a son of his uterine sister, and a grandson of his uncle. In this case, which of the surviv, r- is rentitled to ili herit ? IR. On the death of the eldest brother's son, in default of locirs down to the oroth, r's go tour, all be o ،۹۰ a و ، :f i ام ؛ بهr * * * o - * - . . . . . . • * s ۱:۲ ۴ ،۰۔ ا t ، ہ ، r: ; ; :۰۰ t , , , n t | y of his fathor's daughter's sons” are equally entitled to the succession, beca’s they over Iliy to for wal, ... son 'a a wool. s: ~ * * : ,
- The sons of the proprietor's own -isler, and the sons of his hali sister, l»ave :ın eqo:ıt ı ış !ıı 1-i 1 ، '· *”i “atı “. “·" · A •t”
- .) ttit- էաայնեոցա, page 225.
