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History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.200

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.200

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v4.c63.t2.200

The question arises whether the brother's son's son inherits immediately after the brother's son and before any other heir. There is a conflict among Sanskrit writers on this point. The Sm. C. II. p. 300,¹⁴¹⁵ the Subodhinī, the Madanapārijāta (p. 673) say that the compact series ends with the brother's son, while Aparārka, Varadarāja (V. Nir. p. 453) and the Vaijayantī of Nandapaṇḍita hold that the brother's son's son comes immediately after the brother's son. A Full Bench of the¹⁴¹⁶ Bombay High Court holds, basing its decision on the usage of the province, that the compact series ends with the brother's son, while the Privy Council would seem to lend colour to the view that in the Benares school it ends with the brother's son's son. The Dāyabhāga (XI. 6. 6 p. 208) places the brother's son's son immediately after the brother's son on the ground of the superior efficacy of the piṇḍas offered by him.