*

beyond him (i. e. great-grandson, lineal succession) stops. If there be many sons of the deceased (son), their father's share only (and no more) should be subdivided and allotted amongst them. But if the father be living, the sons are not entitled to get shares, by reason of their having no right to perform the párvana Shráddha. In like manner, on the extinction of right of the (late) owner's grandson, his (the latter's) share only shall be taken by his sons (the great-grandsons of the late owner).-Dáya-tattwa, Sans. pp. 11 & 51. Thus :

Vyavastha ́.

18. The grandson and great-grandsons inherit per stirpes, and not per capita.+ See Partition.

Sri-náth Sharmá versus Rádhá-kánta.

Cases I. Braja-náth had 8 sons; (of whom) Káshí-náth bearing on the Vya- the eldest, Sadá-shib the second, and Khelá-rám the vasthás Nos. 15,16,18. seventh sons died without issue; but the widow of the seventh son was still living. The eighth son Keval-rám was the only son adopted into another family (and consequently excluded from paternal inheritance). Adjudged that the state should be divided into five equal shares; that the heirs of each four sons, who left issue, should receive one share; and that the widow of the seventh son of Braja-nath should receive her husband's (one) share,-viz: Rádhákánta, Mohan-kánta, and Ballabhí-kánta, sons of Nil-mani, and grandsons of Rám-náth, the third son of Braja-náth, jointly receive one share; Badan-chánd, son of Madhu-rám, and grandson of Dharni

* See Coleb. Dig. Vol. III. pp. 7, 8, 82; and Sri-krishna's commentary on the Dayabhaga, Sans. pp. 77, 78.

+ Srí-krishna's comment on the Daya-bhága, Sans. pp. 37, 38; Coleb. Dá, bhá. Ch. III Sect. 1, para. 21, 23; Coleb, Dig. vol. III. pp. 6-9; Macn. H. L. Vol. I. p. 18; Elb. In. Sects. 158 & 162.

dhar, and Gopál-prasád, the suaviving son of Dharani-dhar, who is the fourth son of Braja-náth, jointly receive one share; Sri-náth son of Dína-náth the fifth son of Braja-náth, receive one share ; and Gokul-náth, as adopted son and heir of Boidya-náth, the sixth son of Braja-náth, receive one share.-24th of November, 1796. S. D. A. R. Vol. I. p. 15.

Joy-nárayan Mallik versus Bishwambhar Mallik.

11. Rádhá-charan died (intestate) leaving four sons. viz. Hala-dhar, Bishwambhar, Gobardhan and Joy-náráyan. Golak-chander was another of Rádhá-charan's sons, but he died in the life-time of his father, leav ing Rám-dhan and Raja-mohan his sons surviving him. Hala-dhar survived his father, and died leaving Rám-náráyan his son. The property of Rádhá-charn and the increase of that property were ordered to be equally divided among his sons and their representatives, viz. it was ordered that Bishwambhar, Gobardhan, and Joy-náráyan, the surviving sons of Rádhá-charan each take per capita; Rám-náráyaṇ the only son of Hala-dhar take a share in right of his father; and Rám-dhan and Braja-mohan, the two sons of Golak-chander, take per stirpes his share between them.-S. C. Cons. H. L. pp. 50,51.

See also the Case of Gadá-dhar Sharma and Káli-dás Sharma versus Ajodhyá-rám Choudhuri.--30th of October 1794. S. D. A. R. Vol. I. p. 6.

SECTION IV

ON SUCCESSION TO THE ESTATE OF ONE WHO

LEAVES NO SON (g).

Vyavastha 19. In default of the son, (and in the male line of the) grandson and great-grandson, the widow (of the late owner) succeeds to the estate.*

Authority.

I. "The wife and daughters, also both parents, brothers likewise, and their sons, gentiles, cognates, a pupil, and a fellow-student: on failure of the first of these, the next in order is the heir to the estate of one who departed for heaven (j) leaving no son (g). This rule extends to all classes."-JÁGNYAVALKYA. Thus affirming the right of the last mentioned on failure of the preceding, the sage propounds the succession of the widow in preference to all the other heirs.-Coleb. Dáya-bhága. p. 160 § 4.

(g) The term "Son" extends to the great-grandson :† and that "Leaving no son" implies failure of the son, son's son and great-grandson (in the male line); for these are equally givers of oblations at the parva. And it is for this reason that VoUDHÁYANA, having previously referred to the son, grandson, and great-grandson, says :-" Male issue (as far as the third degree) in the male line being left, the estate must go to them."-See Dá. T. Sans. p. 49.

(j) "Departed for heaven" i. e. dead; which indicates also degraded or fallen from sin, and the rest (ante, p. 9). Srí-krisņa's comment on the Dáya-bhága. Sans. p. 168.

* W. Dá. kra, sang. Ch. 1. Sect. 2; Coleb. Dá. bhá. Ch. XI. Sect. 1, paras. 3 & 31; Coleb. Dig. Vol. III. p. 457; Elb. In. p. 72, Sect. 163; Macn. H. L. Ch. II. p. 19; Dá. T. Sans. pp. 49, 52.

+ See Coleb. Dá. bha, Ch. XI. Sect, 1, para. 34; Coleb. Dig. Vol. III. p. 157; Maca. H. L.Vol. 1. Ch. H. pp. 17, 18.

Authority.

11. "The wealth of him, who leaves no son, goes to his wife; on failure of her, it devolves on daughters; if there be none, it belongs to the father; if he be dead, it appertains to the mother; on failure of her, it goes to the brothers; after them, it descends to the brother's sons; if none exist, it passes to the kinsmen (bandhu); in their default, it devolves on distant kinsmen (sakulya); failing them, it belongs to the pupil; on failure of him, it comes to the fellow-student: and for want of all those heirs, the property escheats to the king, excepting that of a Bárhman." VISHNU. Coleb. Dá. bhá. p. 160.

III. "The widow of a son-less man keeping unsullied Authority. her husband's bed (t), and persevering in religious observances (d) shall present to him the oblation-cake, and obtain (his) entire share (n). VRIHAT-MANU.-Ibid. p. 161.

(t). "Keeping unsullied her husband's bed"-not allowing any other man to have access to her husband's bed: that is, chaste.-Srikrishna's commentary on the Dáya-bhága, Sans. p. 167.

(d) "Persevering in religious observances," that is devoted to the performance of religious acts beneficial to her husband's soul in the next world. Ibid. p. 169.

All these are specified in detail by Jímúta-váhana in the following passage: "On failure of the heirs down to the son's grandson, the wife, being inferior in pretensions to sons and the rest, because she performs acts spiritually beneficial to her husband from the date of her widowhood (and not like them from the moment of their birth) succeeds to the estate in their default. Thus VYása says: After the death of her husband, let a virtuous woman observe the duty of continence and let her daily, after the purification of the bath, present, from the joined palms of her hand, water mixed with til (sesamum) to the manes of her husband. Let her day by day perform with devotion the worship of the Gods, and the adoration of VISHNU, practising constant abstemiousness. She should give alms to the chief of the venerable for increase of holiness, and keep the various fasts which are commanded by sacred ordinances. A woman who is assiduous in the performance of duties conveys her husband, though abiding in another world, and herself (to a region of bliss)." Since by these and other passages it is declared, that the wife rescues her husband from hell; and since a woman, doing improper acts through indigence, causes her husband to

;

fall (to a region of horror;) for they share the fruits of virtue and vice therefore, the property devolving on her is for the benefit of the former owner: and the wife's succession is consequently proper."-Coleb. Dá. bhá. Ch. XI. Sect. I. p. 174, paras. 43,44.

The author of the Viváda-bhangárnava puts this question "Since a woman has not yet performed the duties of widowhood and the like, how can she have a title to inheritance immediately after the death of her husband ?" and himself answers it, thus: "She has an immediate title, because she is disposed to perform those duties; but afterwards if her propensities happen to change, she forfeits the right which she had fully possessed."* In HÁRÍTA's text ('A woman widowed and young is untractable; but separate property must always be given to women, that they pass their destined life,') young is mentioned as indicating the possibility of adultery. By youth that age is not strictly meant, for, a woman, though young, who is known to be well-disposed, has the right of inheritance by universal consent. By the term 'untractable' is suggested the neglect of the duties of widowhood.t-See Coleb. Dig. Vol. III. p. 479.

* This, however, is not quite correct, for, the heritable right once vested in a woman is not divested unless she commit such an act or acts of impiety or immorality as to cause her degradation or excommunication by loss of caste.-See the chapter on exclusion from inheritance.

+ The duties of widowhood are also prescribed in the following texts:—

"Let her emaciate her body, by living voluntarily on pure flowers, roots and fruits; but let her not, when her lord is deceased, even pronounce the name of another man. Let her continue till death forgiving all injuries, performing harsh duties, avoiding every sensual pleasure, and practising the incomparable rules of virtue, which have been followed by such women as were devoted to one only husband. Many thousands of Brahmans having avoided sensuality from their early youth, and having left no issue in their families, have ascended (nevertheless) to heaven. And like those abstemious men, a virtuous wife ascends to heaven, though she have no child, if, after the decease of her lord, she devote herself to pious austerity. But a widow who, from a wish to bear children, slights her (deceased) husband (by marrying again,) brings disgrace on herself here below, and shall be excluded from the seat of her lord."-MANU. Ch. V.

"Let her continue, as long as she lives, performing austere duties, avoiding every sensual pleasure, and cheerfully practising those rules of virtue which have been followed by such women as were devoted to one (only husband.) Neither in the Vedas, nor in the sacred code, is religious seclusion allowed to a woman: her own duties, practised with a husband of equal class, are indeed her religious rites: this is the settled rule. Eightyeight thousand holy sages of the sacerdotal class, superior to sensual appetites, and having left no male issue, have ascended (nevertheless) to heaven, Like them, a damsel, becoming