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Jolly, Julius [VerfasserIn]
Outlines of an history of the Hindu law of partition, inheritance, and adoption: as contained in the original Sanskrit treatises — Calcutta, 1885

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https://doi.org/10.11588/diglit.49827#0323
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APPENDIX.

, and a maternal uncle form an exception to this rule, because
they are unfit to be regarded as sons, as being related to
the adopter in a prohibited degree. The meaning is, that a
sister’s son and a daughter’s son are excepted,, because they
are related in a prohibited degree. A brother, a paternal
uncle, and a maternal uncle cannot be viewed in the light
of a son.
Dattaka- Dcdtakakaumudi (according to the Summary at the close
aocoTding Chapter IV). The author of the Dattakakaumudi, endors-
totheSuui- ing the opinions of a large number of writers, declares,
mai-y. after a great deal of deliberation, that a secondary son may
be adopted from a desire to have many sons, though a son of
the body be in existence; and that, where one secondary
son is in existence, another secondary son may be legally
adopted. Where, however, one of the two motives— a
desire to have many sons, and the attainment of a certain
(blissful) abode in a future state—is absent, the adoption
of another son is hardly called for. One on whom the
The ceremony of initiation has been performed is nevertheless fit
kaumudf be adopted as a son. Such a son is a Dvyamushyayana,
on persons or Dvipitrika (son of two fathers), if an agreement has
adoptedbe been entered into, to the effect that he shall be regarded
as son both to his natural and adoptive parents. However,
an uninitiated person is fitter to be adopted than one
initiated. A uterine sister cannot adopt the son of her
uterine sister. A uterine brother should not adopt the son
of his uterine sister. (All) persons related (to the adopter)
in a prohibited degree, especially a daughter’s son, a sister’s
son, a paternal uncle, and the son of a mother’s sister, must
not be adopted as sons. Nor can two or three together
adopt a single person. This also is written (in the Dattaka-
kaumudi).
Dattaka- Dattakadidhiti (according to the Summary). The same
i4persons °pbiion is delivered in the Dattakadzdhiti. Besides, it is
unfit to be asserted in that work that one belonging, e.g., to the Gurjara
2dhaifd; fpibe (the people of Guzerat) can only adopt one of his
blood; own tribe. He cannot adopt a Telinga, or a Bengali, or a
adoption Kalinga. In the same way, persons belonging to one Vedic
by a num- clan, such as, e.g., Variya or Varendra Brahmans, must not
berofmen; ac[Opt one belonging to a different tribe. Where a son of
as l^the11 a Sapinda relatioft is in existence, the stepson of a sister
perform- cannot be adopted. He can only be adopted on failure
ceremonies a Sapinda. In the text of Atri (Mann IX. 1S2)
on the “ Among several brothers, the sons of one man,” the term
 
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