পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৩৮৯

vyAvAstha3DARPANA - 265 Amidst this disagreement of authors, it is considered proper to follow the order of Sai Kaishna’s Dāyakramasangraha, making however the distinction of the whole and the half blood among the descendants of the paternal grandfather and great grandfather, as made in his commentary on the Ibáyabhdga. This is dome according to the dictum of JAGNYavalkya:—“If two texts of law differ from each other, that which is consistent with reason is of force in practice.” The Dáyakramasangraha is a good compendium of the law of inheritance according to Jస్థr AVAATA's text, and has been preferably followed not only by the lawyers of this country but also by the European scholars who have translated or written treatises on the Hindu law. Bābā Prasanna Kumār Thäkur has, in his Zable of succession according to the Hindu law, adopted the order Dáyakramasangraha. Colebrooke in his translation of the Dáyabhaga, after showing discrepancies in the authorities current in Bengal, remarks: * “Amidst this disagreement of authors, I should be inclined to give the preference to the authority of Snr carshna's Dayakramasangraha; because the order of succession on the mother's side, as there stated, follows the analogy of the rule of inheritance on the father's side.” Sir William M. acnaghten, in his book on Hindu law, t says: “The above cited four authorities are of the greatest weight in the province of Bengal; and where they differ, reliance may with safety be placed on the Dáyakramasangraha of Smrohrstina.” Sir Thomas Strange, in his elements of Hindu law, f quotes the above remark of Colebrooke and acquiesces therein. And Mr. Elberling has followed only the order of Dāyakramasangraha. 90. In default of the father's daughter's son, the brother's daughter's son Vyavathé. succeeds§. - For he presents two oblation-cakes in which, the deceased owner participates,—namely, to * his (the owner's) father and paternal grandfather. Vide— * Coleb. 1)&. bhá. Ch. XI. Sect. 6, p. 220. f Vol. I. p. 81. Vol. II. Note, p. 64. † VoI. II. Appendix to Ch. VII. p. 261. § W. Dá. Kra. Sang. p. 10. Elb. In. p. 79.