পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৭৪৫

VYAWASTHA”-DARPANA. 623 that case, the assent of co-heirs is required for the alienation of immovable property.” Wide Qoleb. Dig. vol. II. p. 104, 罗 legal opinions delivered in, and admitted by the several Courts of Judicature, and earmamined and approved of by Sir William Macnaghten. Q.. If a person make a gift of joint property in a proportion exceeding his legal share, in this case, is the deed of gift illegal? or will the donee receive the share to which the donor was entitled ” R. Supposing the donor to have disposed of property appertaining to the joint stock to a greater extent than his own share by a deed of gift, that deed does not become illegal and void; but the donee is entitled to so much as may be found to be the donor's property in the undivided estate. This is consonant to the Dasyabhaga, Dasyatatwa, Viva'darnavasetu, and other authorities. Zillah Jungle Mehals, May 26th, 1826. Mac. H. L. vol. II. Ch. 8, Case 5, p. 212. Q. Is a woman competent to make a gift to her son of her father's estate, consisting of lands and other property, which devolved on her by inheritance? Supposing her father's property to be in a.state of joint tenancy with his co-parcener, can she dispose of the property to the extent of her father's interest? R. If there be neither daughter nor daughter's son of her father, the woman is competent to give the property which she inherited from her parents to her son; and if given, the gift must be considered good and valid, even though the property given be joint and undivided. This opinion is conformable to the Dayabhaga and Dayatawa. 南 Authorities :— DAksha :-" Presents given to a mother, a father, a spiritual teacher, a friend, a moral mam, a benefactor, an indigent, or unprotected per8on, and a learned mam, are productive of benefit.” NA‘RADA :—“If they severally give or sell their own undivided shares, they may do what they please with their property of all sorts; for they have dominion over their own.” Zillah Nuddea, June 7th, 1817. Mue. H. L. Vol. II. Chap. 8, Case 18, p. 280. Q. Of three brothers, whose patrimonial estate, consisting of real property, was joint and undivided, two sold a certain portion, being their own shares, without the consent of their associated brother, who, however, urged no objection at the time when the purchaser got the deed of sale registered and the estate transferred to his name in the records of the collector's office. In this case, is the sale good and valid, or otherwise? LLA AAAAASAAAAMASAMMAAA SAAAAA AAAASAAA SS S S S S S S - - - --------------- S AASAASAASSAAAASSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSTC S S S AAAAAS SSAS SSAS SSAS SSAS SSAS SSAS SSAS SSAS --------- - هم. , , , a “ În கீt;. the requiring of the assent of co-heirs in the case of separated brethren, is for the purose of ascertaining the fact of partition and settling the limits, like the consent of townsmen and neighఫీ as has been shôown in the Mitaokaharao” (Dao, T. p. 27). This dictum of RAGBUNANDAN is applicable to this instance also, according to the maxim: “the 'sense of the law ascertained in one instoo, is applicable in others also, provided there be no impediment.” The gift of joint property, to the extent of the donor's share is valid (in Bengal.) The gift by a co-parcener . of her share of the joint estate is valid according to the law of Bengal.