VYAVASTHA?.DARPANA Ꮾ75 哆 lived with hum as an united family until his death. Subsequently to his death, his three sons (who lived with him jointly) held the farm, and lived together as an undivided family. Aster soon tim?, however, bein unable to discharge the rent due from the farm, they resigned it, separated, and quitted their dwelling house. After such separation they never re-united. c and D lived again in their father's house, and C alone obtained a portion of his father's farm. time after, B returned, and resided in a room of the house. child nor widow. SomeC and I) died leaving neither Suos : 1 tontly to their death, their mother got possession of the farm, and discharged the rents due. She then executed a deed of gift of the whole farm in favour of her daughter E, and her daughter's son, for their support and for her own exeguial rites, and died. Now B claims the property given by his stepmother. Under these circumstances, is the claimant entitled to inherit it, or is the gift legal? R. If the donor enjoyed the farm by right of inheritance as heir, to her son C, in this case she was not competent to give the whole farm to her slaughter 彰 daughter’s son, without the sacntion of her stepson B; consequently the farm would, on her death, devolve on the claimant (B.) Should the donor, however, have obtained a transfer of the sarm in her own name, and procured it to be registered as hers in the books of the proprictor, and thus have obtained a new title, under these circumstances she was authorised to make a gift of it, and the gift is legal. Therefore the donor's daughter and her son derive a clear title by virtue of the gift, and B has no concern with it. - Zillah Milnapore. Maon. II. II. VoMJI. Ch. 8. Case 2. pp. 208, 209. Q. A person died, leaving no o, to the widow, and his property devolved on his daughter, who was the mother of male issue. Afterwards the daughter's son died, by which means she became a childless widowed daughter. She subsequently made a gift of her father's property to her childless widowed sister, and died. The latter took posession of the property. in this exse, was the childies's widowed daughter competent to give, sell, or Inake other alienation of the entire property, while her father's brother's son was living? and supposing such disposition to have been made, is it legal and binding, or otherwise? R. Under the circumstances stated, the childless widoweit' danghter had only a right to"the enjoyinent of her father's property with moderation. Therefore the disposition by her was illegal. This is conformable to the Duo/abha'an and other works. Sily Dacca, July 4th, 1816. Macn. II. L. Vol. II. Ch. 8. Case 16. p. 224. do w g . - - Q. A person died, leaving no mal ue, and was succeeded by his maiden daughter, who, subsequently to his death, married, oand had a son in lawful wedlock, which son died leaving several sons. Some time after, the dughter of the original-proprietor made a gift of her father's whole movable and immovable property to one of the son's sons, though there are her husband and other sons of her son living. In this ease, is the gift legal? R. Under the circumstances above stated the gift of the whole property made by the daughter, without the sanction of her son's other sons, must be held in law to be null and void. Culeulla Court q/് ..!ppeal, June 18th, 1812. Maen. H. L. Vol. Il. Ch. S, Case 22. Ꭰ. 232. The complainant stated in her petition that her husband's maternal grandfather, having been destitute of male issue, made over his whole ancestral landed estate by a deed A mother is not competent to make a gift to her daughter of a farm which she had inheritcd from her son, and on her death it will go to her son's unassoci ated half brother. A daughter is nut, counpetent to alienate propie ty which had dev (lved on her sroom her father to the preju'lice of the next heir. Property which had devolved on {i, daughter, Col, Il not by her be given to one son's st u, to the exclusion of such grandson's brothers.
