WYAVASTHATDARPANA 281 uncle, according to the series of heirs as enumerated in the Dáyakramasangraha of Shi'kitishNA ranks immediately after the TARKA“Lanka na, Vivádárnavasetu, and Vivádabhangárnava, which prevail in Bengal, and if there be "" none surviving down to the mother's sister's son, according to the series of heirs as enumerated by SRI'l-Bishna TARKA'LANKATA in his commentary on the Dāyabhāga", then, agreeably to these three authorities, the entire property left by the deceased widow will devolve on her husband's maternal uncle's son, he being ranked among the Atmabandhu, or own cognate kindred, provided at her death she left no adopted son. This opinion is consonant to the Mitáksharā and other authorities as current in the western provinces, as well as to the Dáyabhāga, the commentary by SRI'KRIslina TARKATANKATA on the Diyabhāga, the Dūyakramasangraha, Vivádárnavasetu, Vivódabhangárnava, and other law tracts as prevalent in Bengal. Authorities:– 1. The text of JA’usy AVALKYA cited in the above authorities: See page 29. 2. “On failure of gentiles, the cognates are heirs. Cognates are of three kinds; related to the person himself, to his father, or to his mother; as is declared by the following text: ‘The sons of his own father's sister, the sons of his own mother's sister, and the sons of his maternal uncle, must be considered as his own cognate kindred. The sons of his father's paternal aunt, the sons of his father's maternal aunt, and the sons of his father's maternal uncle, must be deemed his father's cognate kindred. The sons of his mother's paternal aunt, the sons of his mother's maternal aunt, and the sons of his mother's maternal uncles must be reckoned his mother's cognate kindred.’ Here, by reason of near affinity, the cognate kindred of the deceased himself are his successors in the first instance: on failure of them, his father's cognate kindred; or if there be none, his mother's cogmate kindred. This must be understood to be the order of succession here intended.”—Mittiksharā. 3. “On failure of any lineal descendant of the paternal great grandfather, down to the daughter's son, who might present oblations in which the deceased would participate: to intimate that, in such case, the maternal uncle shall inherit in consequence of the proximity of oblations, as presenting offerings to the maternal grandfather and the rest, which the deceased was bound to offer, JA'GNYAVALRYA employs the term “cognates (bandhu).” 4. Failing him (the maternal grandfather), the maternal uncle; (in default of him), his son; and (on failure of him), his grandson. In default of the maternal uncle's grandson, the maternal grandfather's daughter's son succeeds. 5. The succession devolves on the maternal uncle and the rest, who present oblations which the deceased was bound to offer. In default of these, the heritage goes to the son of tho owner's maternal aunt ; or failing him, it passes successively to the son and grandson of the maternal uncle. The eommentary by SBI'kBıshNA TARKA LANKA'na on the Dáyabhaga.* Sudder Dewanny Adawlut, May 30th 1826. Mussummaut Munnoo Beebee versus Gokulehund. Maen. II. L. Ch. 1. See. VI. case 12 (pp. 95–97). Rání Manmohini versus Joy Nārāyan Bose–Sudder Dewanny Adawlut Reports, August 1856. Case bearing on the vyavasthā - No. 107. I. Rúp Charan Mahápátra versus Ananda Láì Khán. Select Reports of Sudder Dewanny Case Adawlut, Vol. 11. page 36. - 概 ... bearing on the vyavasthi II. Mohan Lál Khān versus Ráni Shiromani. Select Reports, Vol. II. page 32. - No. 108.
- III. Musst Káshíshwarí Debí and Rám Kishore Achárjya versus Goluk Chandra Gánguli and others—Sudder Dewanny Adawlut Reports, 22nd January 1848, page 28.
This is a mistake-See the latter part of the note at page 261.
