পাতা:ব্যবস্থা-দর্পণঃ প্রথম খণ্ড.djvu/৮০১

VYAVASTHAT DARPANA Ꮾ8 1 A will male by a Hindu during his minority was declared.to be void. Harosundari Dásio *. Kaoshi Nath Bassak. December, 1814. Cons. H. L. p. 11. 啤 ఛr - - In a claim, under a deed of gift executed by the widow of a Hindu Zemindar of Bengal who died childless, for the Zemindaree formerly possessed by him, which at his death devolved on the widow, it was held that the widow could not alienate the estate, which at her death must pass to the husband's heirs. *Mahoda’ and another v. Kalyani and others. 14th March 1803, S. D. A. R. Vol. F. p. 62. ' A gilt by a widow after the death of a son adopted by her, without issue, to the son of her younger daughter, was set aside, as prejudicial to the rights of a daughter, who at the time of the gift had not, but afterwards had, male issue. Musst. Bijoya Debi v. Musst. Annopu rná S. D. A. R. Vol. I. p. .# Legal various contracts delivered by the la officers, admitted by the civil courts of judicature, and eramined and approved of by Sir hilliam Macnaghten. Debi. 26th September, 1806, Q. Are Devottar lands and houses appropriated to religious uses, sit subjects of sale or not ? 轉 g - R. If the lands have been endowed for the worship of some deity, and the house be occupied by it, th: donor has no right in the endowment, and consequently he is incompetent to sell such property. The following is the doctrine laid down in the eleventh seetion of the Srionadh/dogavat 1. “He who seizes the subsistenee of the gods or of priests, whether given by himself or another, is born a reptile in ordure for a million of milion of years.” Dacca Court of Appeal, November 27th, 1880. Maen. H. L. Vol. II. Cha. 11, Case 13, p. 305. - Q. A Hindu woman, about three or four hours previously to her death, and while she was in a state of extreme weakness, made a gift of her estate, consisting of lands and other property, to a stranger. In this case, is the gift complete and binding 2 R. If there be neither issue nor any other heir of the woman, and the property given be not her husband's property, and is when she made the donation she was in full possession of her mental faculties, the gift is legal and good. City Dacca, February 27th, 1813. Macn. H. L. V. II. Cha. 8, Case 10, p. 217. - ‘. . Q. A parson purchased some real property with the produce of his ancestral lands, or with his hereditary annual allówance of money. In this case, is he having sons and son's sons, competent to give the whole or a part of such property, without their consent, to his daughter and sister's son for their subsistence, or to sell it to them P R. If the individual above alluded to purchased some landed property with the produce of lands desceniled to him from his ancestors, or with his annual pecuniary allowance, and give or sell a part or the whole of such estate (without the consent of his sons and son's sons) to his daughter and sister's son, he is competent to make sueh - alienation, because the property given was purchased with the produce of the patrimonial estate. which does not eonstitute patrimony; and there is no prohibition recorded against gift by a father of the whole or a part of such property, as his family does not thereby suffer for maintenance, and he is independent with regard to such property, This opinion is consonant to the Da’yabhaga, as current in Bengal. Authorities :—Since here also it is said “the whole,” this prohibition forbids the gist or other alienation of the whole, because immovables and similar possessions are means of supporting the family. The prohibition is not a gainst the donation or other transfer of a small part not incolnpatible with the support of the family. Zillah Beorbhooln. Maen. II. L. Vol. l I. Cha. 8, Cast: l 1, p. 28 l. The sale of endowed property is void. A gift by fl. wonian of her own property to a stranger is good, if she have no heirs. The gift of part or the whole oro the landed pro-" perty purchased with the proaluee of am ancestral “state is good and valid.