1. Certain property was given to one Sellayi by her father after her marriage. She died leaving a son and a daughter her surviving. Both the Courts below have held that the plaintiff who is the daughter of Sellayi was entitled to the inheritance to the exclusion of her brother.

2. The rule of succession for such a case is clearly stated in the Mitakshara. The author after mentioning the various sorts of womans property recognized by Manu and others and referring particularly to gifts made after marriage, proceeds to discuss the distribution of such property. "In all forms of marriage" he says "if the woman leave progeny" that is, if "she have issue, her property devolves on her daughter or her daughters." Then he explains the matter further declaring that unmarried daughters are to take first, but on failure of them married daughters. He cites Gautama as an authority--"A womans property goes to her daughter unmarried or unprovided." Then he gives the exception from the rule "But this is exclusive of the fee or gratuity." For that goes to brothers of the whole blood, conformably with the text of Gautama: "the sisters fee belongs to the uterine brothers after the death of the