পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৭৬১

VYAVASTHA?.DARPANA. 639 minority, the donor continued to retain possession of the property, and the donees had not in any manner exercised onwership over it, the gift in such case is not valid or binding. Q. 2. Supposing the donor above mentioned to have disposed of a small portion of his an cestral landed property also by a gift to his daughter's sons without the consent of his own HOIAS, is the gift of such property legal, or otherwise? R. 2. Though the donor's sons may not have consented to the gift, yet he was authorised to give a small portion of the landed estate which descended to him, to his grandsons in the female line; eonsequently the gift is good and valid. Zillah 24-Pergunnahs, January 3lst 1810. Maen. II. L. vol. II. Ch. 8, Case 36, pp. 243, : i. 1. - Q. l. A family, consisting of three brothers, having come to a division of their ancestral movable and immovable property, separated themselves from each other, and enjoyed their respective shares. Under these circumstances, is one of the brothers having a wife, a daughter, a daughter's son, and a childless widow of his son, without their consent, competent to give his landed estate to his two younger brothers ? If consent be necessary in this case, whose consent is required ? R. 1. If the associated brothers, having separated themselves from each other, live apart in the enjoyment.of their respective shares of the patrimony, and one of them, during the life time of his wife, daughter, daughier's son, and son's childless widow, without their consent, give his own share to his two younger brothers, he is competent to do so, because he is master of his own share, and is by no means dependent in respect of it. This opinion is conformable to the Duoyabhaga and other authorities current in Bengal. Authorities : —The text of NATADA, cited in the Dasyabha-ga, &c. See Ante p. 625. Q. 2. If it were conditioned” in the deed of gift, that the donees should supply the expense attendant on the donor's being carried to the river side, when at the point of death, also the expense attendant on his exeguial rites, the maintenance of his son's childless widow, and should discharge all his debts; and if the donee fulfilled some of the conditions, leaving others unperformed, in this case, has the deed of gift validity or other wise? R. 2. Supposing the donor to have conditioned in the deed of gift, that the donees should defray the necessary expenses of his being carried to the river side at the point of death, of his exeguial rites, of the subsistence of his son's childless widow, and should also satisfy his debts, and the donees to have fulfilled the whole of the conditions as mentioned in the deed, then the instrument becomes binding; but not so, if the whole of the conditions are not fulfilled, in which case the deed of gift has no validity. In the case of a gift, the donor's will is predominant; and where all the conditions made by him in the deed of gift are not fulfilled by the donees, it is not followed by the creation of their property in the ಕ್ಟಿ a conditional gift depends on the performance of its conditions, and when those are fulled, it becomes complete. Authorities:– “For the will of the giver is the cause of property.” Dasyabhaga. “If the subject pay not revenue, the grant, being conditional, is annulled by the breach of the condition.” Viva dabha ngarnava and other authorities. - - A man, without the consent of his sons, may give a small por tiom of his property to liis daughter's sons. According to the law of Bengal, a person may dispose of his entire portion of ancestral property, to the exclusion of his wife and daughters. A conditional gift is rendered null and void by the omission of the donee to perform all the conditions stjಶ್ಗ by the Oslot.