পাতা:ব্যবস্থা-দর্পণঃ দ্বিতীয় খণ্ড.pdf/১২৩

WYAWASTHA-DARPANA. 768 R. 2. If a Hindoo, as stated in the second question, in the presence of his undivided bre. That which is given thren, made over to his wife his own share in the joint ancestral property, and the lands acquired '..." 器 by him in the mode described in the preceding question, as her Stridhan or peculiar property, or peculium. without any opposition or objection being made on the part of his brothers, from which their assent is inferrible, then under such circumstances, after his death, the right to his property will be vested in his widow, and not in his undivided brethren. In which case, his widow is not at liberty . But is much proper. to dispose of the lands in question by sale or gift, no more than she is entitled to dispose of other ಸಿನಿ ಸಿls. immovable property given to her by her husband, which forms her stridhan or peculiar property, she has no right to Authorities:—ist, That which is received from affectionate kindred, or earned by valour, or dispose of it. given to a woman by her relations with the consent of her husband, is a valid acquisition. Text of Frihaspati, cited in the Frá lt-chintámani, Király-ratnástara, and other authoritics. 2nd. A person may dispose of his own acquisitions as he pleases. Text of Prihaspati, cited in the Firà lir-ehia/(tinuni, f7ril 1-ra",tikara, and other authorities. 3rd. That which is received by a married woman or maiden, in the house of her husband or of her father, from her hosbold, or from her parents, is termed the gift of affectionate kindred. The power of women over the gists of their affectionate kindred is ever celebrated, hoth in respect of donation and sale, according to their pleasure, even in the case of immovables. Text of Añyájuna, cited in the iráda-chiu'ánuthi, Pirála-ratná tra, and other authorities. 4th. The power of women having been declared generally over property given by affeetionate kindred, an ex option is here propounded in the case of immovable property given to her by her husband. Interpretation of the text in the l’irála-ratnākara. 5th. What has been given by an affectionate husband to his wife, she may consume as she phases when he is deal, or ហ្លួងy give it away, excepting immovable property. Text of Măruda, cited in the First-la-chinfimani, Pirádu-ratnākara, and other authorities, Macn. H. L. vol. Il, Case 14, pp. 34–36. Q. Should a woman of any of the four classes receive jewels as a nuptial donation (techni. cally termed Fousuka) at the time of her marriage, do all such ornaments so received, belong exclusively to her, or have her husband's mother and younger brother any legal right to share them with her? - R. A gift of ornaments or other effects to a woman of any one of the four classes at the personal property time of her marriage, by a member of the family, either of her husband or her parents, or by a 驚 o ಗ್ಧ stranger, is by law termed Adhyagni stridhan, or in other words, the woman's peculiar property ੋ bestowed before the nuptial fire. It becomes her exclusive property, and the husband's mother or clusively. other persons have no right to share it with her. The authorities for this doctrine will be found in the Dáyabhāga, Diyatallica, Wirida-chintánani, Mitikhurá, and other works of law. Kālyāyana — “What is given to women at the time of their marriage, near the nuptial fire, is celebrated by the wise as the women's peculiar property bestowed before the nuptial fire.” Márada — What has been given by an affectionate husband to his wife, she may consume she pleases, when he is dead, or may give it away, excepting immovable property.” Manu and Vishnu – “Such ornamental apparel as wo, war during the lives of their *bands, the heirs of those husbands shall not divide among themselves; they who divide them all deep into sin.” Kályáyana again —“Neither the husband, nor the son, nor the father, nor the brothers, **ume the power over a woman's property to take it or bestow it.”