over ancestral property.
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Second. A childless widow, inheriting the property of her deceased husband, is authorized to dispose of it, according to the Mitakshura: but according to the Dayubhagu, she is not entitled to sell or give it away. [1]
Third. If a man dies, leaving one daughter having issue, and another without issue, the latter shall inherit the property[2] left by her father, according to the Mitakshura; while the former shall receive it, according to the Dyaubhagu.
Fourth. If a man dies without issue or brothers, leaving a sister’s son and a paternal uncle, the latter is entitled
- ↑ Mitakshura, Ch. II. Sec. xi. Art. 2. “That, which was given by the father, mother, by the husband, or by a brother; and that, which was presented [to the bride] by the maternal uncles and the rest [as paternal uncles, maternal aunts, &c.] at the time of the wedding, before the nuptial fire; and a gift on a second marriage, or gratuity on account of supersession, as will be subsequently explained, (‘To a woman whose husband marties a second wife, let him give an equal sum as a compensation for the supersession.) And also property which she may have acquired by inheritance, purchase, partition, seizure, or finding, are deno minated by Munoo, and the rest, woman’s property.” Dayubhagu, Ch. XI. Sec. i. Art. 56. “But the wife must only enjoy her husband’s estate after his demise. She is not entitled to make a gift, mortgage, or sale of it.”
- ↑ Mitakshura, Ch. II, Sec. ii. Art. 4. “If the competition be between an unprovided and an enriched daughter, the unprovided one inherits; but, on failure of such, the enriched one succeeds,” &c. Ch. II. Sec xi. Art. 13. “Unprovided are such as are destitute of wealth or without issue.” Hence a provided or enriched one, is such as has riches or issue. Dayubhagu, Ch. XI. Sec. ii. Art. 3. “Therefore, the doctrine should be respected, which Dicshitu maintains, namely, that a daughter who is mother of male issue, or who is likely to become so, is competent to inherit, not one, who is a widow, or is barren, or fails in bearing male issue, or bearing none but daughter, or from some other cause.”
