WYAWAS THA-DARPANA, 766 Loyal opinions delivered in, and admitted by the several Couri, or Judicature, and trainined and approved of by Sir W. Mackagites. Q. . A fisherman's widow (there being at the time three sons of her contemporary wife living made a gift of the whole of her self-acquired estate, consisting of a house and other property, to two Brahmins, for the purpose of promoting her spiritual welfare; and having put the house into the possession of the donees, lived with them in it, and died while a son of her rival wife and his wife were residing in the same house. On her(the donor's) death, her step-son performed her exeguial ceremonies, and then died. Now his (the step-son's) widow claims the house. Under these circumstances, is the gift good and valid 2 R. Supposing the fisherman's widow to have acquired some wealth by her own personal A widow may dispost exertions, and to have purchased the house with such acquisitions, and to have bestowed it of, by a gift or other wise, as she pleases, thi on two Brahmins for her own spiritual welfare, and to have delivered the gift to them before property earned by her death, in that case, her property over it became extinct, and, on the extinction of her right, her own exertions, the donees' title accrued. The donees' right cannot be lost, even though the dollar's rival wife's son and his wife lived in that house. The extinction of their (the donees') property can be occasioned only by their non-acceptance of the gift, or by their disposing of it hy sale or other alienation. According to the doctrine of the Jáyabhāga and other legal authorities, the step-son's widow cannot have any claim to the property, for she has no right over it, and the law admits the validity of a sale and gift made by a woman of the donations of her affectionate kindred and of other peculiar property, Authorities — The texts of Márada and other legislators are quoted by the authors of the Iliyul/sion and other works of law. “The wealth which is earned by mechanical arts, or which is received through affection from any other (than the kindred), is always subject to her husband's dominion. The rest is pronounced to be the woman's property.” “The independence of women who have. received such gifts is recognised in regard to that property; for it was given by their kindred. to Boothe them, and for their maintenance. The power of women over the gists of their assoc. tionate kindred is ever celebrated.” “In that which she has gained by the exercise of an art, such as painting or spinning, he is entitled to take it, even without the occurrence of any distress. Daeca Court of Appeal.-Mạc. H. L., V. II, Chap. VlIl, Case XXXIII, pp. 230-241, Q. 2. If a Hindoo, in the presence of his undivided brethren, made over to his wife his own share in the joint ancestral property, and the lands acquired by him in the mode described in the preceding question,” as her stridhan or peculiar property, will such lands after his death go to his widow as her stridian, or will they devolve on his undivided brethren; and, if they go to the widow of the proprietor, has she or has she not a right to dispose of then by sale or gift: and if she has not a right to dispose of then by sale or gift, to whom will they belong after douth? to her husband's heirs, or to whom? An answer to these questious is required to be deliwered according to the law of Tirhooft. 輸 .* The mode described in the preveau; ouesign is: "A slindoo acquires landed property by ideau. of his own funds, or by means other than those of the joint funds, at a time he is living in partner. ship with his brethren. See Maen. H. L. vol. H. p. 32.
- In respect of the disposition of the stridhan given by a husband, there is no difference of opinion between the Hinds law as current in Mithila, and that current in Bengal.
