পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/১৯৩

VYAVASTHA'DARPANA - 67 Legal opinions delivered in, and admitted by, the several Courts of Judicature, and examined and approp . . . - ed of by Sir William Macnaghten. - Q. 1. A childless widow had obtained her husband's estate, consisting of land and other property, by right of inheritance. Is she competent to give or sell the property, while there are her husband's other heirs living ; and if she make any alienation, is it legal and valid 2 o R. 1. The widow, destitute of male issue, may give a part of her husband's property of both descriptions, movable and immovable, for the completion of her husband's exequial rites; and when she is in want of subsistence for herself, she may self such portion as may provide her with maintenance : excepting under these circumstances, any alienation by her, whether by gift, sale, or otherwise, must be considered null and void. - Q. 2. Is the widow, without the sanction of her daughter's son, entitled to sell a small portion of the property 7 and supposing her to have actually made such sale, should it be upheld 2 R. 2. If the daughter's son supply her with maintenance, she cannot alienate without his consent, and if she had actually sold the property, the sale is null ; but in a case where the daughter's son declines to support her, she may sess such portion as may be necessary to her maintenance, without his consent, and the sale should be considered legal and valid. Zillah Rajshahye. Maen. H. L. Vol. II. Ch. 8. Case 4. (Page 21 1.) Q. A landed proprietor died, leaving a widow, a minor son, and a son's son. Subsequently to his death, the widow sold her husband's immovable property for the support of her minor son and son's son, and for the purpose of discharging the arrears of revenue due from the estate. Under such case is the sole legal 7 - - R. Should a woman, on her husband's demise, sell his landed property for the purpose of maintaining her minor son and grandson, and liquidating the arrears due to Government, the sale must he considered good and valid, for it is necessary to provide food and raiment to the minors, and to discharge the revenue of Government. This is conforulahle to the Dáyabhāga and other authorities. Zillah 24-Purgummahs. Macm. H. I,. Vol. II. Ch. 1 1. Case ? (Page 293). Q. A person had five sons, two of whom died before him. Subsequently to his death, his surviving three sons equally shared the property left by him. One of the sons died, leaving a widow and to maiden daughter : the widow having succeeded lim, disposed of the daughter in marriage, and bestowed a part of her husband's landed estate on the daughter and son-in-law, and some time after she gave the remaining property to them. Under these circumstances, are the gifts legal 2 If the gifts in favor of the daughter only are good and valid, and on the death of the daughter her husband and her paternal grandfather's daughter's son be living, which of these survivors will succeed her ? Should the daughter have disposed of a portion of the property by gift, though her husband was living, in this ease, is the gift complete and binding, or otherwise? R. It is recorded in various legal authorities, that a widow is incompetent to make a gift of her husband's whole immovable estate which devolved on her by inheritance, although she may, under certain circumstances, give a small portion of it. In this case, the widow disposed of her husband's entire landed estate by two gifts, consequently the donation is null and void. On the death of the widow the succession should have devolved on her daughter, on whose death the property which she inherited from her mother should go to her patermal grandfather's daughter's son, her husband having no right to inherit it. If the daughter. have disposed of a small portion only of the estate by gift, it may be considered legal. This is conformable to the Diyabhāga. Zillah Rajeshahyc, May 21st, 1813, Alach. H. L. Vol. II. Ch. 8. Case 3. (Page 123). - A widow may alienate à p"rtion of l;er kate husland's property for his spirituitl welfare, or for tier ownt stilisi-tence. But not for its r own - ub-istence if the next litir agree to support her. Sule by a wiel, w of landed property is zoo I. if neces-ory for til“ sti;'i ort of the fa: .,:.y. A widow coinnot li-pi se • { the whole estat, when li.il dev olvı'ıl tmı her .ıt her lııısbunru!'s włw:i!h : :11:.ł w ni 1!»v. death of her dunghier w;..., sitcevcded h, r, it w.il or, to fier putern.il grit:t.t:ıther's d:lighter’s son. to ilus: exclusion of iter hai bund.