History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.426

v4.c63.t2.426

¹⁵⁵¹ In *Bai Kesserbai v. Hunsraj* L. R. 33 I. A. 176 the above text of Bṛhaspati was discussed in a Bombay case at great length (pp. 190-197) and it was held that under the Mayūkha a co-widow was entitled to succeed to the strīdhana of a widow in preference to her husband's brother or brother's son, that the text of Bṛ. must be taken distributively, that is, when the marriage is in an approved form the husband's sister's son will succeed and that when the marriage is in an unapproved form the brother's son or sister's son will succeed, that the text does not indicate the order of succession which is governed by the principle of propinquity under the Mit. or the Mayūkha. It may be noted that the V. Nir. p. 472 expressly gives the distributive order. Acc. to the Sm. C. the six heirs referred to in the text of Bṛ. take in the order stated therein. The Dāyabhāga does not hold this view.