পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৭৬৩

WYAVASTHA’ DARPAN A. 641 Q. 8. Supposing the donor, during his illness, but in the full enjoyment of his faculties, to have executed the deed of gift; in this case, is it completo and binding 2 R. 3. Under the circumstances stated, the deed of gift must be considered good and valid. • Authorities —The following passage is cited in the Piva'davanga“rnara and other tracts; “What has been given by men agitated with fear, lust, grief, or the pain of an incurable desease, &c. must be considered as ungiven.” Zillah Beerbhoom. Maen. H. L. vol. II. Chap. 8, Case 15, pp. 221-223. Q. A Boiragi", or religious inondicant, executed a deed of gift in favour of a person of his own order, by which he assigned over to him his entire property, movable and immovable, stipulating in the deed, that on his (the donor's) death, the donee should exercise proprietary right over the property given. The donee died before the donor, who continued in possession of the property during his life-time, and some time afterwards died. Now the donee's pupil, who is by law considered as his heir, claims the property assigned. In such case, is such pupil entitled to the property in virtue of the decd drawn out in favour of his preceptor, or otherwise? •R. Supposing the donor to have assigned his property, movable and immovable, to the mendicant (the donee) in this form, “you will derive the right of ownership over my property after my death,” and the donee to have died previously to the death of the donor, the donee's property had uot accrued over the thing given, and if there was no particular provision in the deed that the donee's heir should take, in case he died before the donor, the donee's pupil has no legal claim to such property. Zillah Jungle Mehals, March 29th, 1819. Maen. H. L. Vol. II. Ch. S. Case, II. p. 218. Q. 1. A person assigns his whole property, or a part of it, by a written instrument, to another, mentioning in the instrument that, during his and lais wife's lifetime, they should retain the property assigned in their own possession, and that, after their death, he (the assignee,) having performed their exeguial rites, should enjoy it ; but some time afterwards he gives a part of the property so assigned to another person, and delivers the gift into the latter donee's possession. Under these circumstances, has the last gift validity, or will it be annulled on the strength of the former one * R. I. Supposing the person to have assigned the property in favour of a lira homaua for performing religious ceremonies, as the worship of idols, solemnization of obscquies, and the like, and the assignee should perform the required conditions, the latter gift cannot be considered good and valid, but if he have bestowed it in the presence of the former assign.ee, and the latter donee have enjoyed it without. molestation, then the last gift is irrevocable. Q. 2. If the assignor, during the time he retained the property in his hand, transferred a part of it to another person by deed of gift, and put him (the latter donce) into possession of the gift, and again dispossessed him therefrom, in this case, cam the latter donee bring an uetion against the donor for the gift in virtue of the deed? - R. 2. Under the circumstances stated, the latter "douee is authorised to sue the donor to obtain possession of the gift, and the donor is bound to satisfy his claim. Q. 3. The former assignee, on the death of the assignor, having performed the acts required in the deed of assignment, claims the property occupied by the latter donce; in this case, is the assignee entitled to such property? R. 3. Supposing the assignor to have bestowed immovable or other property which he had in his own possession to another person, and to have put the donee into possession of A gift conditioned to tako effect after the death of the donor, does not go to the heir of the donec, if the latter died before the former, unless expressly stipulated. Property having been assigned to a Brahmain for spiritualpurposes, cannot logally be given away without the assigneo's consent. An action for , dispossessiou will lie by a donae agaist the donor. And a donee in actual possession is not accountable to a previous assigY189.