পাতা:ব্যবস্থা-দর্পণঃ দ্বিতীয় খণ্ড.pdf/১২৫

WYAWASTHA-DARPANA. 770 City of Daces, April 21st, of 1817. Maon. H, L, vol. II. Ch. III. Case 2, pp. 121, 192. Q. A man, having two minor sons, assigned his property, movable and immovable, to his wife by a deed of gift, and now the two sons, being of full age and disposing mind, consent to the gift. Subsequently to the gift, the father contracted a second marriage, and the second wife brought forth a son, who claims the whole personal and real property of his father. In this case, is the gift which the father made previously to contracting a second marriage to be considered good and legal? l R. Property presented by a husband, while his two minor sons were living, to his wife, on Personal property, his espousing a second wife, is denominated a woman's property, and the gift by the husband is ಡ್ಗಿ complete and binding ; but that alone is her peculiar property, which she has power to give, sell, hion of contracting a or use, independently of her husband's control. The wife has no power to give or otherwise alienate the immovable property which she received from her husband; hence, though such property be property. ev# hers,it does not constitute a woman's peculiar property,because she has not independent power over it." husband's right Under these circumstances, the wife has a right only to enjoy her husband's gift of the real estate `i, the ಗ during her life. On the death of the senior wife, her issue alone are entitled to take the ulovable * property which she received from her husband, because that was her peouliar property. The right of the husband endures over the immovable estate which he gave to his wife; and on the death of the husband, all his sons by either wife are entitled to inherit it. “To a woman, whose husband marries a second wife, let him give an equal sum, as a coinpensation for the supersession.” “Or presented to her on her husband's marriage to another wife, (as also any other separate acquisition,) is denominated a woman's property.” “What has been given by an affectionate husband to his wife, she may consume as she pleases, when he is dead, or may give it away, excepting immovable property.” “The wealth which is earned by mechanical arts, or which is received through affection from any other (than the kindred), is (always) subject to her husband's dominion. The rest is pronounced to be the woman's property.” “When the mother is dead, let all the uterine brothers and the uterine sisters equally divide the maternal estate.” The texts quoted are those of Jányawalkya, Márada, Kályâvana, Manit, and Krihaspati. Zillah Purnea. Maen, H. L. vol. II, ('i. VIII. Case 8, pp. 215, 216. Q. The maternal grandfather of a person made a gift of some lands and houses to his grandson's wife, who possessed the gift for some time; and she, while suffering under the disease of which she died, made a gift of the same property to her daughter's son. Her son, having hio uterine sister (the plaintiff), another sister's son (the defendant), and a brother of the half blood, gave away the same property. In this case, which of the gifts is legal and binding? R. The gift made by the woman, of the property which she received from he Th. imififivwble promaternal grandfather, is legal, because the property given is her peculiar property, which by law perty given by a man * termed thoudiyika, or 3ift from affectionate kindred; and the gift by her son cannot be consi- ಶ್ಗ dered as valid and legal while she lives, because he has no right of proprietorship over it. This is which :.. "pinion is conformable to the Diyaliága, Dayatallwa, Vitālabhangárnava, and other authorities. absolute dominion. Kárárasa —“What a woman, either after marriage or before it, either in the mansion of - her husband or of her father, receives from her lord or her parents, is called the gift from affection