পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৫৩১

VYAVASTHA'..DARPANA. 409 - e * ps * > اع یا به «ه » e - in Jieus of a - inuintenance. so JA екхАульким : e separation of one who is able to supliort. himselfond is not desirous of participation, may be completed’ by giving some trifle. Colch. - D&. bhá. p. 02. 120 н any of the brothers in whom the inheritance vested die leaving no son, grandson and great grandson, still his other heir or heiress is entitled to take - . liis sháre. · Legal opinions delicered in, and admitted by, the seceral Court, of waaientur, and - examined and approved of, by Sir William Macnaghten. Q. A landed proprietor haď two sons. Of these, one died, leaving four sons, of whom two are living, and the other two dead, leaving their sons. In this case, to what proportion of the lands is each entitled ” ... R. Supposing the person in question to have died, seaving some landed property, and two sons, and, of the two sons; one to have died, leaving four sons, of whom two have since died, and the other two are living, then the property left by the original proprietor, should be made into two shares, of which one will devolve on his son, and the remaining one will be subdivided into four parts, of which two will go to the two surviving grandsons, and the other 6 wo portions to the heirs of the two deceased grandsons. If, of the deceased grandsons,one had many sons, and the other had less in number, they will, in that case, take their father's respective shares, and divide them, according to the numbers of the brothers, among themselves. This opinion is conformable to the Dáyabhága, Dáyakramasangraha, and Mitákshará. s , - Authorities: “Among the issue of different fathers, the allotment of shares is according to the fathers.” The purport of the text, however, is this : If there be a numerous issue of one brother, and few sons of another, then the allotment of shares is according to the fathers. If there be one son living, and sons of another son (who is deceased) then one share appertains to the surviving son, and the other share goes to the grandsons, however numerous. For their interest in the wealth : is founded on their relation by birth to their own father; and they have /ú.right to just so much "as he would have been entitled to. Accordingly, a great-grandson, whose father (as well as grand-father) is deceased, is in like manner an equal claimant with the son and grand-sons; for he likewise presents a funeral oblation.”. This is laid down in ಜ್ಯDéyabhága, and is confor mable to the Dáyakramasangraha." • * * - - !" If unseparated brothers die, leaving male issue, and the hunber of sons be unequal, one +. Having two sons, another three, and a third four; the two receive a single share in right of their "father ; the other three-take one share. appertaining to their father; the remaining four similarly obtain one share due to their father. So, if some. of the sons be living, and some have : dict leaving male issue, the same method should be observed; the surviving sons take their own allotments, and the sons of their deceased brothers receive the shares of their own fathers respectively. . Such is the adjustment prescribed by the text. Hitoskará. - . . . . • Calcutta Court of Appeal. Macn. H. L. vol. II. Ch. I. Case 8, (pg. 10,ml.) Vayavasthá Grandsons in the male line whosa father is dead, and great grand sons whose father and grand father are dead, share with sans, and inherit per stirpes, not per capita.