(1) It can be learned from history that Sultan Bahadur Shah of Gujarat Sultanate offered the territories of seven islands called Bombay (now called Mumbai) to Portuguese Empire by signing Treaty of Bassein on 23rd December, 1534. But on 11th May, 1662, Portugal placed Bombay in possession of British Empire as part of dowry (marriage gift) offered to groom viz. Charles II of England by King John IV of Porugal, father of bride viz. Catherine of Braganza, by signing Marriage Treaty between Charles II and Catherine. Thus, British Empire received Bombay as marriage gift from Portuguese Empire out of marriage between British King and Portuguese Princess. Really interesting to learn that marriages between families of Kings and Queens used to be the public affairs and not the private affairs. This is the reason why they could gift public property such as Bombay as marriage gift in their royal princely marriage.
(2) I can understand about gifting of private property by its private owner, but I cannot understand as to how Bombay (now Mumbai) in public ownership of Portuguese Empire could be gifted by that Empire to British Empire as marriage gift?
(3) What I understand from law of Transfer of Property is that the gift is one of the ways of transfer of ownership of property and it is normally out of natural love and affection as consideration in kind for gift. But it is also true in law that ownership of property and possession of property are two different things. What I have understood is that ownership has economic base and possession has political base. The private ownership of property by citizens of nation is meaningless without political safety of such private property guaranteed by government of such nation on the strength of its weapon power.
(4) This makes it very clear that let economic ownership of property remain with citizens in private, its political possession always remains with State or nation in public from safety point of view. The private owners of property may possess and enjoy such property in economic sense, but possession of such private property remains with public body called State or nation in political sense. The property in private economic ownership can never be enjoyed in peace without it being in public political possession of State.
(5) Now the question is about gifting of Bombay by Portuguse to British. Was Bombay (Mumbai) Portuguese's father's property for gifting to England out of natural love the Portugal King had for his daughter Catherine? -Adv.B.S.More
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