' VYAVASTHA4 DARPANA 73 Q. 2. In the event of such disposition being declared illegal and void, to whom will the widow's Stridhan go, supposing there to be descendants of her father or grandfather living ; will it go to them, or to the nephews or other heirs of her husband 7 An answer is required to be delivered to this question according to the law of Orissa. R. 2. The instrument in question having been thus proved to be illegal and void, supposing there to be descendants of the father or grandfather of the woman living, and she have no unmarried daughter, or affiaiiced daughter, nor married daughter, nor son, nor daughter's son, nor son's son, nor son's grandson, nor stepson, nor stepson's son, nor stepson's grandson, nor husband, nor mother, nor father, nor husband's younger brother, nor son of her husband's younger brother, nor son of her husband's elder brother, nor son of her sister, nor son of her husband's sister, the Stridhan will go to her brothers, or her brother's sons, with reference to their propinquity, and not to the nephew or other heirs of her husband. This opinion is delivered in conformity to the Dáyabhaga, Dasyakramasangraha, Dasyatatwa, and other authorities currcmt in Orissa. Authorities. “The sister's see belongs to the uterine brothers. After them it goes to the mother, and next to the father. " “The mother's sister, the maternal uncle's wife, the father's sister, the mother-in-law, and the wife of an elder brother, are pronounced similar to mothers. If they leave no issue of their bodies, nor son (of a rival wife), nor daughter's son, nor son of those persons, the sister's son and the rest shall take their property.” Tcxt of VR111Aspati, cited in the Dasyabhaga, Daojakramasamgraha, Da yutatna, and other authori ties. Sudder Dewanny Adawhit, July 12th, 1815. Kandrapa Singh, Appellant, vcrsus Mohanlál Khán, respondent. Macm. H. L. vol. II, Case 49. (Pages 25! וש"י Q. A Brahman being in possession of some movable property consisting of cash, jewels, gold, silver, and other effects, died, leaving a widow and a daughter. The widow bestowed all her husband's property of the above description on her daughter's husband. In this?ase, was the property a fit subject to be disposed of by the widow, and will it go to the donee in virtue of gift? R. In default only of the widow, the daughter can inherit ; consequently the gift made by the widow to her daughter's husband is good, and the donce is entitled to receive the property in virtue of the disposition in his favour.” Authorities. The text of Vyasa, cited in the Dasyabhaga —“What is presented to the husband of a daughter, goes to the woman, whether her husband live or die ; and, after her death, descends to her offs City Dacca, May 29th, 1818. Maen. H. L. Vol. II. Ch. 8. case 9. (pp. 216, 217). - 率”? pring. Cases decided by the Sudder Denanny Adamlut"and the Supreme Court of Judicature in Bengal, and the Privy Council, according to the Hindu Lan of inheritance. Jugal Kishor, under a deed of gift executed in his favour by the widow of a Zemindar, and also as her heir, claimed the estate, which on the Zemindar's death had devolved to the widow. Adjudged that by the Hindu law the gift made by the widow of the Ta'lúk left by her husband could not avail, a widow having no power to alienate the estate which she inherited from her husband, and (which at her death must devolve on her husband's heirs). But the plaintiff, a collateral relative of the husband, having shown that he was the heir at law, judgment passed, on this ground, in his favour ; or rather in favour of his daughters, his heirs ; he having died before the suit was decided.— Mallodi and Brindăban versus Kalyānī and two others, 14th March 1803. S. D. A. Rep. Vol. I. p. 62. The P'ya'nastha delivered in the case was “A gift, by a widow, of the whole estate of her hus band, is invalid : but that a gift of a moderate portion of his property, made by the widow, with a view to his spiritual benefit, inay be valid.”
- The above Vyavasthā is not consistent with the IIindu law, as no text provides that the widow can make a gift of the whole of her properly inherited : the text on the authority of which tho Vyavasthā was delivered refers to a woman's peculiar property (Stridhan). See Coleb. Dá, bhú, Ch. IV. Sec. 1, para, 17.
S The Stridhan will he inherited by the woman's brother or brother's son, to the exclusiou of her husband's lieirs. A prift oí personal properly inherited by the widow to her d.luglier's husband. is good, though the daughtor be living. Case جی bearing on the vyāvasthas Nos. 19 autl 20.
