* VYAVASTHA?.DARPANA. 635 (a) A title arises from gift, sale, or other cause of right, Ibid. p. 212. II. “In all other matter, the latest act shall prevail; but in the case of pledge, gift, or sale, the prier contract has the greatest force.” JA oxyavalkya, cited in the Mitaoshara'. See Maen. H. L. vol. I. pp. 199, 200. *
- 365 The rules which respect the gift of a property equally apply to the sale or mortgage of it.
For the texts, which prohibit gifts of any portion of joint property, or of the whole of a man's sole property, equally forbid the sale and mortgage of it; because such prohibition is grounded on the appprehension of the family being distressed, and the family may be distressed by sale and mortgage as well as by gift. See St. H. L. vol. II. p. 421. Legal opinions delivered in, and admitted by, the sereral Courts of judicature, and eramined and approred by Sir Jo illiam Macnaghten. Q. 1. An unassociated IIindu, before a large assembly of persons, verbally nominated the plaintiff as a fit subject to perform his exeguial rites, and to take his entire property. In this case, is the plaintiff, after his death, entitled to succeed him 7 R. I. Supposing the deceased to have appointed his relation's son (the plaintist) to perform his excquial rites, and to have verbally made a gift in his favour; in this case, the plain tiss, if he offer up the requisite oblations to the manes of the deceased, is entitled to succeed to his property. Q. 2. If there be the deceased's brothers of the whole blood or other relations living, have they μηy right to share the inheritance? Ił. 2. The brothers and other relations have no right to the succession, because the deecased was master of his own wealth of all sorts. Zillah Sylhet, June 6th, 1812. Maen. II. L. vol. TI. Ch. 8, Case 21, pp. 230, 231. Q. I. What are the circumstances which render a gift null and void 2 R. 1. If a gift is made by a person under the influence of lust or anger, or having no title or ownership, or being grievously disordered or disturbed in mind, or intoxicated, or during madness, or in pain, through mistake, or in jest, under impulse of fear, or asslicted with grief, or the like, such gift is considered null and void. Authority —KATYAYANA —“What has been given by a man under impulse of lust, or anger, or by such as are not their own masters, or by one diseased, or deprived of virility, or inebriated, or of unsound mind, or through mistake, or in jest, may be taken back.” Q. 2. If a person, while afflicted by a sickness from which he died, made a gift of his - property, being however at the time in full passession of his mental faculties, in this case, is the gift legal and valid 2 Vyavastha? A verbal gift of property by an unassociated EIindu, on condition that the domee will perform his exeguial rites, is good, on the death of the donor. Circumstances underwhich agift is invalidated.
