History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.192

v4.c63.t2.192

A question arises whether the distinction between full blood and half blood made by the Mit. in the case of brothers and nephews was to be carried beyond them. Though a Full Bench¹⁴¹⁰ of the Bombay High Court held that the distinction was not to be carried beyond brothers and nephews and that paternal uncles of the half blood inherited along with paternal uncles of the full blood, the Privy Council overruled this decision and held that the preference of the whole blood to the half blood extends to all sapiṇḍas of the same degree from the common ancestor (and therefore a paternal uncle of the whole blood excludes one of the half blood). The Madanapārijāta¹⁴¹¹ p. 674 expressly extends the preference of the whole blood to paternal uncles.