A Treatise On Hindu Law And Usage

Cover A Treatise On Hindu Law And Usage
A Treatise On Hindu Law And Usage
Mayne, John Dawson, 1828-1917
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10 1. A. 138, S. C. 10 Cal. 2M.
((7) Surjokant Nundi v. Mohesh Chunder, 9 Cal. 70.
- Oi) Dattaka Mimamsa, vi. § 1, 2 ; Dattabi Chandrika, vi. § 8.
Digitized by Google ADOPTED AND AFTKE-BOEN SONS. 173 spoken of as being one-f onrtli^ and sometimes as being one- third of that of the after-bom son (i). Dr. Wilson says tliat the variance is only apparent^ and that all the texts mean the same thing, viz., that the property should be divided into four shares, of which the adopted son gets one.
That i
...s to say, he gets one-fourth of the whole, or one-third of the portion of the natural-bom son (fc) . Whatever may have been the original meaning of the texts, a difference of usage seems to have sprung up, according to which the adopted son takes one-third of the whole in Bengal, and one-fourth of the whole in other Provinces which follow Benares law (Z). The Madras High Court, however, have Madras.
decided on the authority of the Sarasvati-Vilasa, that the fourth which he is to take is not a fourth of the whole, but a fourth of the share taken by the legitimate son.


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