History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.189

v4.c63.t2.189

The Privy¹⁴⁰⁸ Council, following a wrong translation, held that, under the law of the V. Mayūkha, brothers and the sons of a brother that died *before* the propositus (the brother inheritance to whom is *in question*) shared the estate of the latter. This erroneous decision has been persisted in to this day on the principle of *stare decisis*. The view of the Vaijayantī about the sons of the same woman from different husbands being sapiṇḍas of each other has already been noted (p. 727). Govindarāja on Manu III. 11 says that it is wellknown that children of different fathers but of the same mother are spoken of as brother and sister. Kullūka on Manu III. 11 refers to this view of Govindarāja.¹⁴⁰⁹