Page:A Digest of the Hindu Law of Inheritance, Partition, and Adoption.djvu/224

128

Mit. Chap. II., sec. 7, paras. 1 and 2; Vyav. May. Chap. IV., sec. 7, paras. 24 and 25.

§ 1. B. (18) —On the failure of a fellow- student, learned Brahmans (Srotriyas), on failure of them other Brahmans, take the estate of a separate householder of the Brahman caste.

Mit. Chap. II., sec. 7, paras. 4 and 5; Vyav. May. Chap. IV., sec. 8, paras. 25 and 26.

For the point that this succession is restricted to the property of a Brahman, see the passage from Vijnanesvara, translated above p. 125, where no mention is made of the Brahman community by Yajnavalkya, and the Mitakshara expressly excludes it from succession to a trader.

This succession has been disallowed by the English Courts. See Stokes's Hindu Law Books, p. 449, note a, and The Collector of Masulipatam v. Cavaly Vencata Narrainappa.