WYAVAS THA-DARPANA. .783 The pundit replied, that such a gift was valid, because by such a recognition the previous gift to herself was not invalidated; and as such gift was the creation of her absolute right, she was competent to give it away. t; - At this stage of the proceedings Jyemunee also died, and Nursing Deb appeared as her heir and successor. On this another reference was made to the pundit, to ascertain who was entitled to succeed Musst. Jyemunee,_the appellant Gosaen chunder Kobraj, who is the son of the daughter's son of Munohur Kobraj, the common ancestor of both parties, or Nursing Deb, who alleges himself to be the son of a contemporaneous wife of the husband of Musst. Jyemunee, that is, her step-son. The pundit replied that her step-son would succeed to the stridhan of Jyemunee. Authori- - ties:—Manu, Dáyabhága, and other tracts current in Bengal. Dáyakramasangraka:- “In default of heirs so far as the son of a daughter, the son of a contemporary wife will inherit the stridhan of the step-mother.” Mr. Shakespear having left the Court, the case was heard by Mr. Halhed, who pronounced judgment as follows:– “It appears from the bewastha of the pundit, that the gift of Bhyrub to Kishenmunee and Jyemunee was valid; the property thus transferred to them by the gift became their stridhan, and they have full power to alienate it. Kishenmunee is proved to have given her share of the property to Jyemunee, to whom succeeds Nursing Deb, the respondent. The decrees of the lower Courts must therefore be confirmed.t 8th of July 1836.-S. D. A. R. vol. VI. pp. 77-81. Marginal note to the above decision— A verbal gift by a Hindoo, eighteen and a half years of age, made the day before his death, he being at the time in full possession of his senses, is valid. Under the Hindoo law a gift of property to a woman by her relation is her soudáyika or gift ... from affectionate kindred. In the present case a gift by a Hindoo to his sister and paternal uncle's daughter was held to be at their entire disposal, as their soudáyika stridhan or peculiar property by gift from affectionate kindred. where the claimants to a woman's stridhan as above are the son of the daughter's son of her paternal great grandfather, and the son of a contemporary wife, the latter will inherit under the Hindoo law. Under the Hindoo law, in the case of a woman dying possessed of ancestral property, the daughter's son of her paternal great grandfather, from whom the property descended to her, will succeed, in default of other heirs. But in the event of the woman having outlived such daughter's son, the son of the latter will not inherit, The daughter of a paternal uncle will not inherit property, left by a woman, which she had inherited from her father. But such property will go to her father's heirs, should any such be in existence, in succession, according to the law of inheritance. • The above text as cited by the pundit relates to stridhan left by a married woman, not given her by her father, and not given to her at the time of her nuptials; but the pundit might have extend. the list beyond the daughter's son to the great dson in the male line. The order of succession is the son and un daughter succeed 醬 on failure of them, the daughters who have, or mas have, male issue; and afterwards the son's son, the daughter's son, the great grandson in the oil, i. у son of the contemporary wife. Colebrooke's translation of the Dáysbiága, page 100. ne, * The court evidently proceeded upon the ground urged by the defendant in the Zillah court, that the estate of Munohur Kobraj descended entire to Bh Kobraj his great grandson. On this ਾਂ y became the peculium of Kishenmunee an Jyemunee, when given to them by Bhyrub. Had مth it been held, on the other hand, that Kishenmunee inherited any portion of the property, she could not have given it to Jyamunee, but it must have gone to herfather's heirs in succession, agreesbly to the Shántors.
