6. "On failure of gentiles, the cognates are heirs. Cognates are of three kinds; related to the person himself, to his father, and to his mother; as is declared by the following text of JÁGNYAVALKYA: The sons of his own father's sister, the sons of his own mother's sister, and the sons of his own 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 uncle, must be reckoned his mother's cognate kindred. This must be understood to be the order of succession here intended."-Viváda-chintá-mani. 7. The following is a text of the Dáya-bhága:-"The succession of the grandfather's and great grandfather's lineal descendants, including the daughter's son, must be understood in a similar manner according to the proximity of the funeral offering.” 8. In the case of non-partition, the text of SANKHYA cited in the Viváda-chintá-mani applies: "To the childless wives of brothers and of sons, strictly observing the conduct prescribed, their spiritual parent must allot mere food, and old garments which are not tattered." Sudder Dewanny Adawlut. December 18th, 1826. Musst. Hariyá Bibi versus Bhavání-lál. Macn. H. L. Vol. II. Ch. 1. Sect. 6, Case 11. (pp. 91-94. ) Case bearing on the vya Musst. Su-lakkhyaná versus Rám-dulál pánde.—27th vastha No. 105. May, 1817. S. D. A. R. Vol. I. p. 324. See ante, p. 254. ON THE SUCCESSION OE THE PATERNAL GREAT GRANDFATHER, GREAT GRANDMOTHER, AND THEIR DESCENDANTS. Vyavastha REASON. 107. Failing the paternal uncle's daughter's son the paternal great grandfather succeeds.* Because the (late) owner participates in the oblation offerd to the paternal great grandfather; and also because of the analogy above mentioned.-Dá, kra. sang. p. 22. • Dá. kra. sang. p. 22;-Dá. T. p. 61;-Coleb. Dig. Vol. III. p. 528;-Macn. H. L. Vol. I. pp. 29 & 30. 108. Vyavastha REASON. Failing him, the paternal great grand mother is entitled to succeed.. Because she shares the oblation-cake offered by her great grandson. This observation of Jimúta-váhaza and Raghu-nandana should be respected.-Coleb. Dig. Vol. III. p. 529. 109. If she be dead, the paternal grandfather's own brother, his half brother, their sons and grandsons are successively heirs.t Vyavastha For they offer to the owner's paternal great grandREASON. father an oblation-cake in which the owner participates. See Dá. kra. sang. p. 22. Musst. Mahadá versus Musst. Kalyání and others. Case bearing on the vyavastha No. 109. At the decease of a widow who inherited her husband's estate, the grandson of the brother of the husband's grandfather, as collateral kinsman, is entitled to the estate, and he dying before the suit was decided, a decree was passed in favour of his daughters as his heirs.-14th March, 1803. S. D. A. R. Vol. I. p. 62. See ante, p. 69. Vyavastha REASON. 110. Next succeeds the paternal great grandfather's daughter's son.† Since he presents an oblation, in which the deceased owner participates, namely, to the owner's paternal great grandfather.-Dá. kra. sang. p. 23. * Dá. T. sans. p. 61;-Dá. kra. sang. p. 22;-Macn. H. L. Vol. I. pp. 29 &30. It must not be argued, that in the want of a positive text, the succession of the paternal great grandmother is forbidden by the general maxim: "wealth was conferred for the sake of defraying sacrifices; therefore, distribute it among honest persons, not among women, ignorant men, and such as neglect their duties." A man should not. affirm, of his own authority, that no such special ordinance exists; for the ocean of the law has not been traversed.-Coleb. Dig. Vol. III. p. 529. + See, Dá. krá. Sang, pp. 22, 23;-Dá. bhá. p. 225;-Coleb. Dig. Vol. II1.p. 528;Macn. H. L. Vol. I. p. 29;-Elb. In. p. 80 Here again a distinction must be admitted in the succession of the paternal great grandfather's son, son's son, and grandson's son according to their relation to the paternal grandfather by the whole or half blood; but not in the instance of his daughter's son.-Coleb. Dig. Vol. III. p. 529. Vyavastha Authority WITH REASON. 111. Next the succession devolves on the paternal grandfather's brother's daughter's son.* For he presents an oblation in which the deceased owner participates, namely, to the owner's paternal great grandfather.-Dá. kra. sang. p. 23. ON THE SUCCESSION OF THE MATERNAL GRANDFATHER AND THE REST. To intimate that on failure of lineal descendants of the paternal great grandfather, down to the daughter's son, who might have presented oblations in which the deceased would participate, the maternal uncle shall inherit in consequence of the proximity of the oblations, as presenting offerings to the maternal grandfather and the rest, which the deceased was bound to offer, JÁGNYAVALKYA employs the term "cognates (bandhu.") But MANU indicated it only by a passage declaratory of succession according to the nearness of the oblation. Since the maternal uncle and the rest present three oblations to the maternal grandfather and other ancestors, which the deceased was bound to offer, therefore, the property should devolve on the maternal uncle and the rest: for it is by means of wealth that a person becomes a giver of oblations.† Here also, as in the instance of father and paternal kinsmen, if the maternal grandfather be living, he is heir; on failure of him, the maternal uncle and other maternal kindred succeed in order. Consequently, 112. In default of the paternal grandfather's Vyavastha brother's daughter's son, the maternal grandfather (of the late owner) succeeds. Vyavastha 113. In his default, the maternal uncle.§ * Dá. kra. sang. p. 23;-Macn. H. L. Vol. I. p. 29;-Elb, In. p. 80. See the remarks on the succession of the brother's daughter's son. + Dá bhá. p. 216. Ante, pp. 275, 279 et seque. Da. T. Sans. p. 61. § Dá, kra. sang. p. 22;—Dá. T. Sans. p. 61;—Coleb. Dig. Vol. III, p. 528;—Macu. H. L, Vol. I, p. 30;-Elb. In. p. 80. Vide Dá, bhá, p. 216. Vyavastha 115. If he be dead, the grandson of the maternal uncle is heir.* For these two texts of MANU-"To three must liAuthority. bation of water be given at their obsequies for three is the oblation-cake ordained ;" and-"to the nearest sapinda the inheritance next belongs,"-which declare that succession to the estate (of the deceased) is to take place according to the order of proximity of benefits conferred on the deceased owner, propound the right of the above-named to succeed; and the sole object of the introduction of the two texts above cited in a treatise on inheritance is to show that the right of succession to the estate occurs according to the order of benefits conferred on the deceased proprietor: otherwise the insertion of these texts in a treatise on inheritance would have been useless.-Dá. kra. sang. p. 24. 4 116. In default of the maternal uncle's grandson, the maternal grandfather's daughter's son succeeds.* 117. Failing him, the maternal great grandfather.* 118. In default of him, his son (succeeds.) 120. In his default, the maternal great grand- 122. In default of him, the maternal great great 124. In his default, the grandson of the maternal great great grandfather:* 125. If he be dead, the great grandson of the maternal great great grandfather (is heir.") * Dá kra sang. p. 24;-Coleb. Dig, vol, III. p. 529;-Macn, H. L. Vol. I. p. 29;— Elb. In. p. 80,-Vide Dá, bhá, p, 216. 126. Next succeeds the maternal great great Vyavastha grandfather's daughter's son." Admitted legal opinion selected and approved of by Sir William Macnaghten. Q. A widow of the Kshatriya tribe, who was in possession of her husband's estate, died childless, leaving, as the only claimant to the property, her husband's maternal uncle's son. In this case, is the individual above alluded entitled to inherit the property left by the widow, by reason of there being no other natural heir or adopted son? The maternal uncle's son is heir after the mother's sister's son, according to the Mitákshard; but according to the Dayakrama-sangraha and other Bengal authorities he ranks immediately after the maternal uncle. R. If the widow of the childless man in question died possessed of her husband's estate, leaving her husband's maternal uncle's son, and there be no one of her husband's heirs surviving down to the mother's sister's son, then, according to the series of heirs enumerated in the Mitákshará and other authorities current in the western provinces, and if there be none surviving down to the maternal uncle, according to the series of heirs as enumerated in the Dáya-kramasangraha of Sri-krishna Tarkúlankára, Vivádárnava-setu, and Vivádabhangárṇava, 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-krishna Tarkálankára in his commentary on the Dáya-bhága,† 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 Atma-bandhu, or own This cognate kindred, provided at her death she left no adopted son. opinion is consonant to the Mitákshará and other authorities as current in the western provinces, as well as to the Dáya-bhága, the commentary by Sri-krishna Tarkálankára on the Dáya-bhága, the Dáyakrama-sangraha, Vivádárṇava-setu, Viváda-bhangárnava, and other law tracts as prevalent in Bengal. * Dí krá. Sang. p. 24;—Coleb. Dig. Vol. III. p. 529;-Macn. H. L. Vol. I. p, 29;Elb. In. p. 80. Vide Dá. bhá. p. 216. This is a mistake.-See the latter part of the Note at page 271. |