VYA VASTHA^-DARPAN A. ር7 ? of gift to his daughter, being her (the complainant's) mother-in-law, and died. The donee having takan poss ssion of the gist, and enjoyed its produce for a considerable period, transferred it. by gift to her sou, the complainant's husband, who died, leaving two minor sons. Subsequently to his death, his mother died, on whose death the defendants dispossessed her (the complainant) and her sons from the property. The defendants answered, that the original proprietor died leaving a widow and two daughters; that subsequently to his death, his widow came into posses: sion of the landed estate; that on her death, her two daughters succeeded, but that the original proprietor had made no gift, as alleged, in favour of his elder doughter; that his second daughter had a son, whose death occurred prior to hers; that his elder daughter had two sons, (one the complainant's husband.) which two sons died before her; and that, conformably to law, th. property enjoyed by the original proprietor should have devolved on her puteriliil kinsmen. Under these circumstances, should the complainant's allegation be proved, is the gift legal or otherwise? If, on the other hand, the reply be eonsidered proved by the depositions of the witmesses, will the property left by the elder daughter devolve on her son's sons and widow (the complainant,) or on her father's kinsmen, the desendants? lt. Should it be proved that the original proprietor gave his entire estate, consisting of lands and other property, to his elder daughter, and that she had bestowed it on her son (the complaimant’s husland,) such gift, must be considered legal, the gift by a finale of immovable property received from her father or assectionate kindred being recognized as valid in law. If, on the other haul, the original proprietor did not make the gift to his elder daughter, in this case, she was incompetent to alienate her father's property which h;d devolved on her by the law of inheritance, and the gift, to her son is illegal. Supposing the elder daughter to have died aster the death of her son (the complainant’s linsband,) the succession go.'s to her paternal kind, el (the đStendants) to the entire exclusion of her son's sons and widow (the “omplaimant). Mus/orifies : —“The power of women over the gifts of their affectionate kindred is ever celebrated, both in respect of lonation and offle, according to their pleasure, even in the case of um movables.” “To the nearest kinsmau, the inheritance next belongs.” Zi//a/ /3/r,ʻr!rra..., .J//tre/ :? 1/%, l S:2 l. MFaen. 11. Iv. V of. I I. (‘li, S. (‘.1se :!7, jiq,. 2:3:), :2:i;. Q. A person, previously to his death, gave directions to his two wives that they should each accept, a son in adoption. Subsequently to his death, his elder wife did not accept a son, and she two widows equally divided his estate. The cliler widow made a gift of her whole share to a stranger, and died. Afterwards the younger widow received a boy in adoption. In so R. is case. will the share of the eller widow go to the donee, or will it devolve on the adopted 118 cast", 2 רא l son of the younger wide wo y. The son adopted by the younger widow with her husband's sanction, is entitled to the share of the elder widow, who infringed her husband's directions by omitting to make an adoption. The gift of the share which she received by partition with her rival wise is mot legal, and tlie * donee cannot, take the property couveyed, beeause the aeloļition of a son is th?, only nièans in this ease of preserving the oblations of food and libations of water at the funeral repast; and when she, without doing such benefit to her leceased husband, made the gist, she deserves to bo ranked among those widows who are incompetent to succession. (; onse plently the girl by her is null and void. Zillah Dinagepore, Angust 31, 18 1:3. Maen. II. I,. Vol. II. Ch. 8. Case 10, p. 217. Q. landed estate was held in joint tenancy by several individuals, and one or two of the partors joined in seling it, signing the name of one minor sharer of the property to the landed property incluired by gift frivul her fatlı er mily be alienated hy a woinan, but, not that, to which slie liad succeeded by inheritance. A widow naving rcco-iv ι•ιl instructions front lier hushanel too adopt a son, and, without doing Po, making a gift to a stranger of the preperty w luich hild devolved on her at her hushaiid`s tle:lt h, such gift is in wał: 1.
