VYAVASTHA?.pARPANA. 776 And he quoted as authorities for this opinion Vágoyavalkya, who says, as recorded in the pāyabhāya—‘That which father, mother, or husband, has given, is called “gotten near the fire,” and it is also called “the property of females.” On the same subject Kātyāyana has spoken thus:- Neither a husband, nor yet a son, nor a father, nor brothers, have a right to appropriate stridhan, i. e. the property of females; and if any one of these shall possess himself of such property by force, he must be made to return it with interest, and must be well chastised.’ in the Dáya-tattwa, where it treats of the property of females, such property is termed towdáyika stridhan. That which is obtained from a husband or from parents, I reckon to be soudáyika, i.e. given for a good purpose, and when a woman obtains soudáyika stridian, it implies that she has the power of disposing of it. Answer to the 2nd. Q. The property of females, given as stated in the second question, is theirs as long as they live. A woman has power over this kind of property to sell it"; and if it be not immovable property, she has also the power of disposing of it at her death ; and whatever immovable property so remains after her death will descend to the lawful heirs in succession, that is to say, to her children, husband, father, mother, &e. And the following were quoted by the Pandit as authorities on this subject. Kátyáyana says: ‘Whatever property the husband has given to the wife, let her keep it, in his absencet, in any manner she pleases. If he be presents, let her take care of it; if not, let her deliver it to some of his relations. Let the wife dispose of the property given to her by her husband in any manher she pleases when the husband dies, but while he is alive let her keep it.’ On this point Närado has spoken, as quoted in the Dáyabhāya, as follows: “Whatever the husband, of his own pleasure, has given to the wife, let the wife, when he dies expend or give away as she pleases, excepting only the immovable property. On this, also, Depala has spoken thus:- The property of the wife is to be divided equally, after her death, to (her) sons and daughters. But if she be without “hildren, let her husband take it, or else her mother, or her brother, or even her father.’ To the same questions the Pandit Ramchurn Sherma, answered as follows:— Answer to the 1st Q. It does. On this I here write the particulars. Whatever property the man, who has married two wives, has given to the first wife, that property is stridhan : neither husband, father, son, nor brothers, have any power to seize such property, or to give it away in charity. If any of these persons shall possess himself of this property by force, the imagistrate shall cause him to restore it with interest, and shall chastise him on a complaint being made. The great and learned Júnittavāhana and others have determined this according to the Skästra. To the 2nd. Q. As long as she lives, the wife has a right to sell the stridhan given to her by her husband, unless it be immovable property, and at her death she may also devise it, if it be not what is termed immovable property. A woman can only have the use and occupation of immovable property; and afterwards it will descend to the heirs of stridhan, or female property. East's Notes, No. cxoix. 1794–Morley's Digest, vol. II, pp. 234–287.
- Excepting, however, the immovable portion thereof. * * In his ee’—that is, on his death. # “If he be present’—that is, if he be living. See the following authorities, and ante, pp. 756 and 760.
