VYAVASTHA?.DARPANA. 609 to exercise exclusive proprietory right over the property assigned by virtue of the deed of gift” and if so, is she at liberty to make a gift of a part of the property to her sister, and is such gift legal? - R. Supposing the Shu'dra, who is destitute of male issue, but having a wife and a maiden daughter, to have given his whole estate, consisting of lands and other property, to his married eldest daughter, the gift must be considered good and legal. The authorities for this opinion are laid down in the Dasyabhaga. “When there are many persons sprung fo one man, who have duties apart, and transactions apart, and are separate in business and character, if they be not accordant in affairs, should they give or sell their own shares, they do all that as they please, for they are masters of their own wealth.” NATADA. Should the donoe have bestowed a portion of the gift on her unmarried sister, that gift also must be considered complete and binding. Authorities —The texts of Katya yana, cited in the Dasyabhaga: “That which is received by a married woman or a maiden in the house of her husband or of her father, from her.husband or from her parents, is termed the gift of affectionate kindred. The independence of women who have received such gifts, is recognised in regard to that property; for it was given by their kindred to soothe them, and for their maintenance. The power of women over the gifts of their affectionate kindred is ever celebrated, both in respect of donation and of sale, according to their pleasure, even in the case of immovables.” From the doctrine quoted, it is clear that the donee was competent to make a gift of the property received from her father to her maiden sister. This is conformable to the Daoyabhaga, Joyatatwa, Sri Krishna Tarka’lankara, and other legal anthorities. Zillah Mymansing, January 18th, 1823.−Mac. H. L. Vol. II Chap. 8, Case 19, pp. 227, 228. Q. A person having a sister (mother of male issue or childless,) can he, according to the law as current in Bengal, dispose of his ancestral landed estate by gift, to a person paternally related to him? Supposing the proprietor to have died without making any alienation of his property, leaving no male issue, in this case how will his property be distributed 'ampag his sister, sister's son, and his paternal relations? R. There is no disabling provision in the law against a proprietor's alienation of his patrimonial immovable property while his sister or sister's son exists; consequently the donor was competent to give his property to his paternal relation, and the gift is good and legal. Supposing the childless proprietor to have died without making any gift, leaving his sister, his sister's son, and his paternal relations; the sister, provided she be a maiden, is entitled to wealth sufficient to defray her nuptial expenses, but with exception to such allotment, she has no claim on her deceased brother's property. If there be no heir of the deceased down to his brother's grandson, ASAAAS A SAS SSAS SSAS SSAS SSAS SSAS SSAS S S S S S S S S S S S S - - - - - - - - -
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- Though according to the law as current in Bangal, the father is competent to dispose, of his whole property, provided there be neither son, nor son's son, nor son's grandson, yet he acts sinfully if 譬 do so while a maiden daughter exists, whose initiatory ceremony (that is, marriage) is unperformed, or i his family suffer for the necessaries of life. It is incumbent on a housekeeper to initiate his children and to support, his family; and he who does not perform these duties is culpable, as expressly declared by MANu: “Reprehensible is the father who gives not his daughter in marriage at the proper time, and the who approaches not his wife in due season: reprehensible also is the son who protects not his mother after the death of her lord.”
According to the law of Bcngal, a gift of the entire moroperty, movable, and immovable, to a married daughter, is legal, even though a wife and maiden daughter are in existence. The whole cstate may begiven away, thou there is a sis and sister's son: Thro sister has no right of inheritance, but her son will inherit in default of heirs down to the brother's grandson.
