পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/১৯৭

VYAVASTHA.DARPANA 71 R. 1. . Although the instrument in question may have becn duly signed and attested, and executed by the widow while in the full possession of her faculties, still she was not competent, without the consent of her husband's heirs, and those on whom she was dependant, to make a conditional gist, stipulating for the possession of the donee after her death, nor was she at liberty to make a will affecting the landed and other property left by her husband, into the possession of which she came on his death, nor affecting the profits of it, nor affecting her own acquisitions made by means of the landed property to which she had succeeded, or by means of its profits. As, therefore, the gift or disposition by will of all three descriptions of property above-named, (viz. landed property devolved on her from her husband, personal property, and her acquisitions made by means of the inherited cstate, and its profits,) is illegål, no part of that property goes to the donee : but whatever the widow inay have acquired by means, other than those of the inherited property and its profits, is her own Stridhan, or peculiar property, and she is at liberty, (except in the case of inunovable property given to her by her husband,) to dispose of such Stridhan by will or gift, as she pleases ; and, therefore, the Stridhan of the widow, (except innovable property given to her by her husband, ) can pass to the stranger under the will or conditional deed of gift. This opinion is given in conformity to the Dáyabhāga, Srikrishna Tarkālankára's cominentary on the Dáya - یے” & s _ - bhāga, Dáyatana, Dáyarahasya, KATYA^ANA, MANU, and other authorities current in Orissa. Authorities. 1st. Text of Katy Ao NA, cited in the Dáyabhāga, Dáyatatna, and other authorities. See V. D. p. 55. 2d. “Land passes by six formalities: by consent of townsmen, of kinsmen, of neighbours, and of heirs, and by gift of gold, and of water.” Text of unknown 3rigin, cited in the Dáyatatwa, and other authoritics. 3d. “. When the husband is deceased, his kin are the guardians of his childless widow. In the disposal of the property, and care of herself, as welfas in her maintenance, they have full power.” Text of NARADA, cited in the Daoyabhaga, and other authoritics. 4th. “Dut' if the husband's family be extinct, or contain no male, or be helpless, the kin of her own father are the guardians of the widow, if there be no relations of her husband within the degree of Sapinda.” Text of NA RADA, cited in the Dayabhaga and other authorities. 5th. “In the disposal of property, by gift or otherwise, she is subject to the control of her husband's - w g - --” A. - - * family, after his decease, and in default of sons.” Ji Mu'rAvailax A in the ADáyabhagat. 6th. “As the dependance of women in making gifts is on their husbands' relations, it is evident that she may sometimes nake gifts with their consent to her father's family.” Cominentary of SR11: RisiiNA ТанклъАмклв.А. 7th. “I’or women, the heritage of their husbands is pronounced applicable to use. Let not women on any account make waste of their husbands' wealth.” Here the term waste indicates that they are not at liberty to dispose of the property as they please, by gift, sale, or other means.” Text of the Mahābhārata, cited in the Dasyarahasya. - 8th. “A gist, pledge, or sale of lands, houses, or slaves, by a dependant person, is invalid or inefficient.” 1KATYATYANA. 9th. “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. That which is received by a married woman, or by a maiden, in the house of her husband, or of her father, from her husband, or from her parents, is termcd the gift of affectionate kindred. The power of women over the gifts of their affectionate kindred is ever celebrated, both in respect of dominion and of sale, according to their pleasure, even in the case of immovables.” Texts of KATYA Yana cited in the Dasyabhaga, Daoyacramasangraha, and other authorities. 10th. “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.” Text of NA’s Ada cited in the Dasyabhaga. 11th. “But in the case of immovables bestowed on her by her husband, a woman has no power of alienation by gift or the like.” Ji Mu'tav AiiANA in the Dasyabhaga. 12th. Gift consists in the esseet of raising another's property. A widow cannot alienate, by gift or will, property devolved om her from hèr husband, nor her own acquisitions made by means of such property. I} t she may dispose of her wm premliar property :us sl e pleases, except suc part of it is consists of im...ble property given to her by her husband.