History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v3.c43.166

v3.c43.166

In modern times a gift or bequest for *dharma* without any qualifying expression is held to be too vague an indication of the donor's or testator's intention to constitute a valid gift to charity and is declared to be void for uncertainty. Vide 6 Bom. 24, 14 Bom. 482, 17 Bom. 351, 23 Bom. 725, 735 (P. C.). But this is opposed, as pointed out in 30 Mad. 340 at pp. 342-346, to the spirit of the ancient Hindu law. The word 'dharma' when used in relation to gifts had a well-recognized meaning and not a vague uncertain one. It means 'iṣṭa' and 'pūrta' gifts according to Manu IV. 227. It appears that in 23 Bom. 725 their Lordships of the Privy Council rested content with the meaning of the word given in Wilson's Dictionary, did not examine any original Sanskrit texts to find out the meaning of the word dharma used in connection with gifts and applied the principles laid down in such English cases as *Morice v. The Bishop of Durham* (9 Ves. 399 and 10 Ves. 522). But there is no reason why the charitable intention being quite clear the court as representing the king should not have by framing a scheme applied the property donated or bequeathed to one charitable purpose out of the several objects specified in the definition of pūrta on principles analogous to the doctrine of *cy-près*.²⁰⁶⁵