' VYAVASTHA3DARPANA 267 ON THE SUCCESSION OF THE PATERNAL GRAND FATHER AND THE REST. 91. Failing him, the succession devolves on the paternal grandfather.” For, as the father is entitled to succeed on failure of the late owner's daughter's son, so by the rule of analogy the succession devolves on the grandfather in default of heirs down to the father's daughter's son ; and because he (the grandfather) presents to the owner's great grandfather (one) oblation-cake in which thc deceased owner participates. 92. In default of the paternal grandfather, the paternal grandmother is heir.” For, in conformity with MANU's text:—“Of a son dying childless the mother shall take the estate, and the mother being also dead, the paternal grandfather shall take the heritage”—as the mother succeeds on the death of the father, so by the rule of analogy the succession devolves on the paternal grandmother in default of the paternal grandfather. Legal opinions delivered in, and admitted by, the several Courts of Judicature, and examined and approved of by Sir William Macnaghten. Q. A minor dies, leaving his sister, his paternal uncles, and his father's mother. In this cis, according to law, which of these individuals is entitled to succeed him by right of inheritance? R. His paternal grandmother is exclusively entitled to the succession. The sister and the uncles are excluded by her. To this effect is the text of MANU cited in the Dáyabhága and other authorities: “Of a son dying childless (and leaving no widow), the mother shall take the estate; and the mother also being dead, the father's mother shall take the heritage.” + Macn. H. L. Wol. II. Ch. I. Sect. 4, Case 4, (p. 64). Q. An unmarried person, possessed of some immovable property, which has descended to him from his father and grandfather, died leaving an adult sister, whose husband is living; a paternal grandmother, and several paternal uncles him surviving. In this case, which of these claimants is entitled to inherit P supposing the grandmother to have died before the other individuals specified in this case, which of the survivors is entitled to succeed to the property P R. If any person, being in possession of certain ancestral immovable property, die, leaving a sister him surviving, whether she be a minor or an adult, and whether she have a husband living or be a widow, such sister cannot inherit. Her sons may legally inherit; but it appears from the question, in this case, that the sister is destitute of male issue; consequently the grandmother is entitled to
- W. Dá. Kra. Sang. p. 10. Dá. T. Sans. p. 61. Coleb. Dig vol. III. p. 528. Elb. in. pp. 70, 80.
t This is agreeable to the law of Bengal, according to the order adopted by SRI ‘katsu NA in the ង៉ុណោ្ណះ which is universally admitted to be the most eminent authority in that province. Maen. H. L. Vol. III. p. 64. P 3 Vyavasthá. Reason. Wyavasthá. Reason. A paternal grandmother excludes a sister and uncles. The claimants being a childless sister, a paternal grandmother, and paternal uncles; the grandmother is the heir.
