History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.252.2

v4.c63.t2.252.2

the sister has been recognised as a gotraja sapiṇḍa by the Bombay High Court in parts of the Bombay Presidency where the Mit. is the paramount authority. The order of heirs under the Mit. would be as follows:—Full brother, half brother, full brother's son, half brother's son, paternal grandmother, sister (full being preferred to half), paternal grandfather. According to the V. Mayūkha the order is slightly different, viz. full brothers along with sons of full brothers that are dead, full brother's son, grandmother, full sister, halfbrother, halfsister, paternal grandfather. The unmarried sister had been recognized as entitled to a share when brothers came to a partition and they had to provide for her marriage expenses. Vide above pp. 619-620 and Nār.¹⁴⁴³ (dāyabhāga, 13), Viṣṇu Dh. S. 18. 35, Manu IX. 118, Yāj. II. 124. In Madras the sister had been recognized as a bandhu. The Legislature has intervened and laid down (Hindu Law of Inheritance Amendment Act II of 1929) that in territories governed by the law of the Mitākṣarā and in respect of the property of males not held in coparcenary and not disposed by will, a son's daughter, daughter's daughter, sister and sister's son shall be entitled to rank as heirs in the order specified in the Act next after a father's father and before a father's brother.