vyAvAsTHA*.DARPANA. 613 perty so recovered:#o the «οκινήφhad recovered it, and the donee took possession of the same. In this case, is the donation, according to law, valid and good, , geotherwise? ... R. Should to 鷲 sta: brothers recover the patrimonial immovable property which had been S. r'xt *韶 strangers while the family was in an undivided state, the othero, இ ಶ್ಗಕ್ಕೆ part of the land so, recovered to him who retrieved it, in addition to iË: ”ÈHotment. Here the property recovered was thosthers: acquisitions:the father gave it to the န္ဟုန္က otherefore the gift is legal. 'ois opinion is conformable *# .giah:agai Mihaia; Jane 19th, 1821. Masa H. L. yol.II. Ch.8;&ei 28, pp. 886, 287. & A perm, having an uterius brother, executes an isotti ment in hvor of his orife, in w to desires that she, on his death, should be allowed to ಬ್ಲಿಕ್ಲಿಕ್ಲಿಲ್ಲ! Baಂf his self. 3 #sperty, movable and immovable, and dies without issue. In this case, is the widow entiodive of the property mentioned in the deed, by gift or sale? к supposing the deceased to have left authority with his wife by a written instrument to make a gift or sale of his self-acquisitions, consisting of movable and immovable property, while his uterine brother was living, and to have died leaving no heir down to the great-grandson, the widow, according to her husbänd's permission, is c property in question. This is the received opinion. Calcutta Court of Appeal. Maen. H. I. vol. II. Ch. 8, Case 31, p. 288. Q. A person, having a wife فاته two daughters, made a verbal gift in favour of one of them of his whole ancestral landed يand titi 'ዩ‛ #
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wise ’ 戏”沙擎: R. Under the above circumstances, the gift.orally made by the father to one of his daughters, though when he made this gift there were his wife and another daughter living, is legal and valid. - w.” * 4. ... " ". . . Zibah Burdwan, April 14th, 1821. Maen. II. L. vol. II. Ch. 8, Case 35, p. 243. Q. A. Brahmin, who had some rent-free lands and other property, died, leaving three sons A, B, & C, and a daughter, D. The sons jointly enjoyed their, father's property for some time and the eldest of them (A) died, leaving a son and daughter. The son of A took possession of his father's share, and died #hortly afterwards, and on his death it devolved on his sister's son. The second son B died, leaving only a widow as his heir; and the younger son C, having supported B's widow, took possession of two ஆ that is, on6 for himself, and the other for his deceased brother B. In this ஆ are C and #’s widow competent, having assigned a small portion of their shares of the propo. in favour of their spiritual teacher, family priest, and D's son, to give the remainder too grandson of A; and if they have given their shares by 教片 writonstrument, is the deed of .عينغgالمه and if not, who is entitled to succession? R. the circumstances st 磷 ஆ younger ஐ..ே and ]Ᏼ's widow, wers: Gampetent, having assigned a small portion of their ope #ve ahâá to their spiritual teacher, priest, and D's son, to give the remainder 2. os grandson in the female line by a deed of gift, which deod must be considereď i. ఫ్టీ * those persons had. died without making such gift, then thaήφορείty would have devolved on to sister's son (D's son). به او - fami!W 克 erty ; in this case, is the gift legal and other According to the law of Benal, a father may give all his selfacquired landed 13engal may, ” with the recorded permission of her husband, alienate immovable self-acquired property, although his brother be living. A man ma give his whole rty to têr, to exclusion of wife and another daughter. Property mạy be given to a brother's daughter's son, te the exclusion of a sister's Son ; though accaord ing to the law of inheritance, ohe. latter woulê exclude the former
