The pandit replied that her step-son would succeed to the stri-dhan of Joy-mani. Authorities:-MANU, Dáya-bhága, and other tracts current in Bengal. Dáya-krama-sangraha :-" In default of heirs so far as the son of a daughter, the son of a contemporary wife will inherit the strí-dhan of the step-mother."* Mr. Shakespear having left the Court, the case was heard by Mr. Halhed, who pronounced judgment as follows:-"It appears from the bewashtha of the pandit, that the gift of Bhyrub to Kishen-mani, and Joy-mani was valid; the property thus transferred to them by the gift became their strí-dhan, and they have full power to alienate it. Kishen-mani is proved to have given her share of the property to Joy-mani, to whom succeeds Nursing Deb, the respondent. The decrees of the lower Courts must therefore be confirmed."+-8th of July, 1836.-S. D. A. R. Vol. VI. pp. 77–81. The Marginal notes to the above decision are as follows: A verbal gift by a Hindoo, eighteen and a half years of age, made the day before his death, he being at the time in full possession of his senses, is valid. Under the Hindoo law a gift of property to a woman by her rela tion is her Soudáyika or gift from affectionate kindred. In the present case a gift by a Hindoo to his sister and paternal uncle's daughter was held to be at their entire disposal, as their soudáyika strí-dhan or peculiar property by gift from affectionate kindred. • The above text as cited by the Pundit relates to strí-dhan left by a married woman not given to her by her father, and not given to her at the time of her nuptials; but the Pandit might have extended the list beyond the daughter's son to the great grandson in the male line. The order of succession is, that the son and unmarried daughter succeed together; on failure of them, the daughters who have, or may have, male issue; and afterwards the son's son, the daughter's son, the great grandson in the male line, the son of the contemporary wife.-Soe Colebrooke's translation of the Daya-bhaga, page 100. †The court evidently proceeded upon the ground urged by the defendant in the Zillah Court that the estate of Munohur Kobraj descended entire to Bhyrub Kobraj his great grandson. On this ground the property became the peculium of Kisken-moni and Joymoni, when given to them by Bhyrub. Had it been held, on the other hand, that Kishenmani inherited any portion of the property, she could not have given it to Joy-mon i, but it must have gone to her father's heirs in succession, agreeably to the Shasters, Where the claimants to a woman's stri-dhan as above are the son of the daughter's son of her paternal great-grandfather, and the son of a contemporary wife, the latter will inherit under the Hindoo law. Under the Hindoo law, in the case of a woman dying possessed of ancestral property, the daughter's son of her paternal great-grandfather, from whom the property descended to her, will succeed, in default of other heirs. But in the event of the woman having outlived such daughter's son, the son of the latter will not inherit. The daughter of a paternal uncle will not inherit the property, left by a woman, which she had inherited from her father. But such property will go to her father's heirs, should any such be in existence, in succession, according to the law of inheritance. ORDER OF SUCCESSION TO THE STRI-DHAN OF DIFFERENT SUCCESSION TO THE STRI-DHAN OF A MAIDEN DAUGHTER. To the property of a maiden daughter,— Vyavastha the father.* 439. First, the uterine brother is the successor; in his default, the mother, and failing her, "The wealth of a deceased damsel let the uterine Authority. brethren themselves take; on failure of them it shall belong to the mother; or if she be dead, to the father."† Vyavastha 440. Failing them, her parents' relations, as they may happen to be, succeed according to the order (hereafter shown.‡) This, however, relates to wealth other than that which has been given to the damsel by a bridegroom.§ * Dá, kra, sang. p. 31;-Dá. bhá. pp. 90, 100 ;-Macn. H. L. Vol. I. p. 38. + This text is cited in the Daya-bhaga as of Boudha yana, and in the Daya-kramasangraha as of NÁRADA. See the table at the end of this chapter. See Macn. H. L. Vol. I. p. 38. § Dá. kra. sang. p, 31;-Dá. bhá. p. 100;-Str. H, L. Vol. I. pp. 37 and 247. Vyavastha Authority. 441. A bridegroom has a right to the wealth given by himself. I. "The bridegroom shall take the gratuity given by himself."*-POITHÍNASI. II. "Let the first bridegroom on his return take back the presents he gave to the damsel, who has since been married; and in case of her death likewise, let him receive back what he gave, after defraying the expenses which they have mutually incurred."*-NÁRADA. ORDER OF SUCCESSION TO THE DIFFERENT KINDs of the Succession to a woman's joutakat property. To a woman's joutaka† property, or that received at her nuptials :Vyavastha 442. Her maiden daughter succeeds first.‡ Property given to the mother on her marriage (jouAuthority. taka) is the share of her unmarried daughter.‡MANU. Chapter, IX, verse 131. Vyavastha Authority. GOUTAMA. 443. In default of a maiden daughter, the daughter who has been affianced succeeds.‡ I. "A woman's property goes to her daughters unaffianced, and to those not actually married" (a.)‡ (a) As, by the word 'daughters' the right of succession by all the daughters is generally declared, the mention of 'unaffianced' &c. becomes significant, as denoting the order in which they respectively inherit, and therefore first the maiden daughter succeeds; then the affianced daughter, that is, one whose troth is plighted; in her default * Dá. kra. sang. p. 31;-Da. bhá. p. 100;-Str. H. L. Vol. I. pp. 47&247. † Youtaka or joutaka signifies property received at marriage: the word 'yuta or juta,' derived from the verb 'Yu' or 'Ju' to mix, imports 'mingling;' and mingling is the union of man and woman as one person; and that is accomplished by marriage. For a passage of scripture expresses: "Her bones become identified with his bones, flesh with flesh, skin with skin." Therefore what has been received at the time of marriage, is denominated Youtaka or joutaka. See Dá, bha. p. 82. See ante. p. 681. Da. kra. sang. pp. 45,46 ;-Da. bhá. pp. 82,85,100 ;-Dig. Vol. III. pp. 587-606;— Macn. H. L. Vol. I. p. 38. Elb. In. p. 85. the married daughter described as above; and failing her, the succession devolves equally on the barren and widowed daughters. This is the meaning of the text.-Sri-krishna. Dá. kra. sang. p. 46. 11. A woman's separate property received at her nuptials, goes to her daughter; and not to her sons (if there be a daughter,) and the text of GOUTAMA is intended to explain the order of succession in this case (of an inheritance devolving on the female issue.) First, the woman's property goes to her unaffianced daughters. If there be none such, it devolves on those who are betrothed. In their default it passes to the married daughters. For the right of the female issue generally is suggested by the term 'daughters' (in GOUTAM A's text;) and the special mention of 'unaffianced' and 'unmarried,' which follows, is pertinent as declaratory of the order of succession.tDá. bhá. pp. 85, 86. Vyavastha 444. Failing the damsel affianced, the married daughters who have, and who are likely to have, male issue, succeed together.* Authority. 1. Let the females share the nuptial presents (párinájya) of their mother.-VASHISHTHA. Coleb. II. In certain forms of marriage termed bráhma, &c., what has been received by a woman at the nuptial fire, goes after her death, first to her daughters. Again, the right devolves first on the maiden daughter; if there be none, it descends to the betrothed daughter; or for want of such, it goes to a married daughter (including even a barren or widowed one ;) or on failure of all daughters, it devolves on the son.t-Dá. bhá. p. 86. * Dá. kra. sang. pp, 45, 46;-Dά. bhá. pp. 85, 100;-Coleb. Dig. Vol. III. pp. 588-590;-Macn, H. L. Vol. I. pp. 38, 39;-Elb. In. p. 85. † The order of succession is this: first the property goes to the maiden daughter: then to one betrothed; for she is superior to the married daughter, because she belongs to the same original family (gotra) with her parents. On failure of such, the property devolves on the married daughter, that is, one who has a son, or who may be expected to have offspring. If there be none such, it goes to any other daughter.-Sri-krishna and Achyuta.-Dá bhá. p. 85, Note. Vyavastha 445. On failure of either of the daughters who have, or are likely to have, male issue, the other takes the succession.* I. The above text of GOUTAMA, and the above ex Authority. planation thereof by Sri-krishna. II. The above passages of the Daya-bhága. Vyavastha' 446. If there be none of either of the above descriptions of daughters, the barren and widow ed daughters have an equal right.f Authority. The right of the barren and widowed daughters to succeed, notwithstanding they confer no direct benefits through the medium of sons, is gathered from the text of GOUTAMA above quoted, which declares the right of succession by the daughters generally, whether married or unmarried.-Dá. kra. sang. p. 47. Vyavastha. REASON. 447. On failure of either of them, the other succeeds.‡ By the term 'daughters' the right of all the daughters, being generally declared, and it being said that on failure of all daughters the succession devolves on the son, the son aud the rest are not entitled while any of the daughters, from the maiden to the widowed, exists. Vyavastha". 448. Here, however, on the death of a maiden daughter, or of one affianced, in whom the succession had vested and who having been subsequently married is ascertained to have been barren, or on the death of a widow who has not given birth to a son, the succession to the property which had passed from the mother to her daughters, would devolve next on the sisters, having, and likely to have, male issue, and in their default, on the barren and widowed daughters; * Colǝb. Dá. bhá. p. 100. + Dá. kra. sang. p. 46;-Coleb. Dig. Vol. III, pp. 587-629 ;-Dá, bhá, pp. 85, 86. 100;-Macn. H. L. Vol. I. p. 39;-Elb. In, p. 85. Coleb, Dí, bhá. p. 100. |