Vyavastha-Chandrika A Digest of Hindu Law As Current in All the Provinces of India Except Bengal Proper

But property devolves on parents (or uncles ) brothers and the rest upon the demise of the owner if there be no male issue; and that the actual existence of a sou and the survival of the owner are impediments to the succession ; and on their ceasing the property devolves on the successor in right ht of his being uncle or brother. [...] 8 he says :—"Thws while the mother is capable of bears more sons and the fatl:ter retains his wordly affections and s not desire partition a distribortion of the grandfather's estate oes nevertheless take place by the swill of the son that is the son '61-tire father or the grandson." Sir William Macnaghten in his principles of Hiudoo Law says that when the mother is incapable of bearing more [...] I now find from the authorities referred to and the precedent of this Court VoL III Select Sudder Reports pages 106 to 110 that the heirs of the huband who dies childless and is succeeded by his widow have no right of inheritance until after the death of the widow ; and that therefore those in the same degree who are alive at the time of the widow's demise inherit alike equally witho [...] Such is the doctrine of the Dayabhaga as evinced by Macnaghten and the precedent he cites: and the Pundit who gave the Irvavaathd on which the Principal Sudder Ameen grounded his decision has informed the Court that there is no difference on the point between the Dayabhaga and Mitfiksharfi. [...] I. and at page 190 of the Vyavasthi Darpana 2nd edition ) in which the Court ( on the authority of Ma cnagh ten as well as the above case ) said : "It is clear that on the occasion of a widow bcoming a Byraghin the estate would at once descend to the nearest heirs living at the time." * The above case is also to.be found in the Section relative to widow's succession in the present volume.