WYAVASTHA-DARPANA. I 180 Should a damsel, any how affianced, die before the completion of the marriage, let the bridegroom take back the gifts which he had presented, paying, however, the charges on both sides. But her uterine brother shall have the ornaments for the head, and other gifts which may have been presented to the maiden by her maternal grandfather, or other relations; as well as the property which may have been regulary inherited by her. On failure of them, it shall belong to the mother; or if she be dead, to the father. * , , * , In certain circumstances, a husband is allowed to take his wife's goods in her life time, and although she have issue. For instance, in a famine, for the preservation of the family, or at a time when a religious duty must indispensably be performed, or in illness, or during , restraint or confinement in prison or under corporal penalties, the husband, being destitute of other funds and therefore taking his wife's property, is not liable to restore it. But if he seize it in any other manner, or under other circumstances, he must make it good. The property of a woman must not be taken in her life-time by any relation other than her band ; and such ornaments, as are worn by women during the life of their husbands, the hors of the husband shall not divide among themselves: they who do so are degraded from their tribe. ALIENATION OF THE UNDIVIDED or divided PROPERTY. The Hindu law, as current in the provinces other than that of Bengal, not recognising, ahy individual co-parcener's proportional right in the joint property, none of the co-pareeners in those provinces is competent to make a gift or other disposition of the undivided estate. Nevertheless, while the sons and grandsons are minors, and incaplable of giving their consent to a gift and the like or while brothers are so and continue unseparated; even one person, who iscapable, may make a gift, mortgage or sale of immovable property, if a calamity affecting the whole family require it, or the support of the family render it necessary, or indispensable duties, such as the obsequies of the father or the like, make it unavoidable.” The man, who has no son or other descendant of obstructing, has absolute power over the property any how acquired; but he, who has an heir or heirs of the above description, can alienate the movable property, ancestral orgelf-acquired, for purposes prescribed by law, but cannot alienate the self-acquired real property without the consent of such heir or heirs; more especially he has no power to alienate the ancestral real property, because in such property the right is always limited; and the sons, grandsons, and great grandsons of the occupant, supposing them to be free from those defects, mental or corporeal, which ure held to defeat the right of inheritance, are declared to possess an interest in the property in question equal to that of the occupant himself; except when the income of the property is more than Fusicient for the maintenance of the family, in which case he may dispose of some part of it.! In other respects there is no material difference between the law as current in Bengal and that in the other schools. 盛 to the Stridhan, says: “The order above given is chiefly taken from Colebrocke's translation of the Dáyabhàga, page 100. I do not find that the law in this particular varies materially in the different schools; except that (as in the case of succession to ordinary property) a distinction is made by the law of Benares, and other schools, between wealthy and indigent daughters.” (vol. I. p. 40.) But the order of succession which is adopted by him and which in truth ಕ್ಕಿಳ್ಳೇಳ್ವ according to the Bengal law, in far different from that laid down by the authorities of the other schools; as will to manifest by collating the order of succession, act forth above, (which, being taken from the Mitáksiará, is accord. ing to the law other than that of မိုင္ႏိုင္တို႔) with that shown atಷಿಸಿ 920, which is in accordance with 敬krishna Tarkālankára's order adopted by the learned gentlethan. • yide Coleb. Mitg£. Ch. I. Sect. 1. § 29. f Vide Coleb. Miták, ch. 1. Sect. 1, § 8 & 27,
- See Miták. Sans. p. 259, and Coleb. Dig vol. II, pp. 112, 118, 4 128.
