WYAVASTHAT-DARPANA 283 In the case of Dayá Náth Ráy and Rám Náth Ráy versus Mathur Náth Ghose and Srí Náth Răy, the estate of a man deceased was awarded to the son of his maternal aunt in preference to the lineal descendants of a common ancestor beyond the third in ascent. 14th April 1835, S. D. A. Rep. p. 27. ON THE SAKULYA’s RIGHT OF SUCCESSION. 121. On failure of the givers of the oblation-cake which may be enjoyed by the late owner, the Sakulya or remote kinsman takes the inheritance”. Then the distant kinsman shall be the heir, or the spiritual preceptor, or the pupil". MAxis. The distant kinsman (Sakulya) is one who shares the divided oblation. The paternal greatgrandfather and grandfather, the father, the man himself, his brothers of the whole bloud, his son by a woman of the same tribe, his grandson and great-grandson: all these partaking of undivided oblations, are pronounced “Supindlts.” Those who share divided oblations are called “Soul/as.” Male issue of the body being left, the property must go to them. On failure of Soindus, or near kindred, Sakulyas, or remote kinsmen, are heirs. If there be none, the preceptor, the pupil, or the priest, takes the inheritance. In default of all these, the king (has the escheat). Boro. v. vs. v. 'The meaning of the passage is this: since (the fourth person or the proprietor) enjoys the oblation-cakes presented to the father and the two next ancestors, as being the participator in the offerings at obscquics; and since the son and other descendants, to the number of three, present oblations to the deceased; and he, who, while living, presents an oblation to an ancestor, partakes, when deceased, of oblatious presented to the same person; therefore, such being the case, the middlemost (oí, seven) who, while living, offered food to the manes of ancestors, and when dead, partook of offerings made to them, becamo the object to which the oblations of his descendants were addressed in their life time, and shares with them, when they deceased, the food which must be offered by the daughter's son, and other (surviving descendants beyond the third degree). Hence those (ancestors.) to whom he presented oblations, and those (descendants,) who present oblations to him, partake of an undivided offering in the form of (pinda) food at obsequics. I’ersons, who do partake of such offerings are Sapindas. But one distant in the fifth degree, neither gives an oblation to the fifth in ascent, nor shares the offering presented to his manes. So the fifth in 3, scent neither gives oblations to the middle person who is distant from him in the fifth degree, nor partakes of the offerings made to him. Therefore three ancestors, from the grandfather's grandfather upwards, and three descendants from the grandson's grandson downwards, are denominated “Sakulyas,” as partaking of divided oblations, since they do not participate in the same offering. This relation of sapindas, as well as that of sakulyas has been propounded relatively to inheritancet. Thus Sakuyo is of two kinds—I. descending, and II. ascending.—The descending Sakulya is the great-grandson's son and the rest down to the third degree in the descending line. The ascending Sakulya intends the great-grandfather, and other ancestors up to the third degree in the ascending line:
- W. Dá. Kra. Sang. p. 25. Coleb. Dá bhá. p. 219. Coleb. Dig. Vol. III. p. 530. † Coleb. Då. bhá. p. 171. † W. Dá. Kra. Sang. p. 25.
Ꭲ 8 Case bearing on the vyavasthi No. 110. Vvawasthá. Authority. Suyunda ard snkulua defined i.
