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Rayakkal and ors. Vs. Subbanna - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Judge
Reported in(1893)ILR16Mad84
AppellantRayakkal and ors.
RespondentSubbanna
Cases ReferredGanga Bisheshar v. Pirthi Pal I.L.R.
Excerpt:
hindu law - power of father over ancestral land--gift to daughters. - .....gounden does not appear to have been pressed before the district judge and apparently there is no evidence in support of the contention.2. the deeds of stridhanam executed to the two daughters were executed after their marriage, and without the consent of plaintiff who was a minor, and together with the deed in favour of first defendant, they amount to more than half of the ancestral property. no authority in support of a hindu father's power to make such an alienation of ancestral immoveable property has been quoted at the bar, and we find that, in a similar case, the allahabad high court on the suit of a minor son held that such an alienation must be set aside, not only to the extent of the father's share, but altogether--ganga bisheshar v. pirthi pal i.l.r. 2 all. 635.3. the second.....
Judgment:

1. The plea that some of the items of plaint property were the self-acquisition of Palani Gounden does not appear to have been pressed before the District Judge and apparently there is no evidence in support of the contention.

2. The deeds of stridhanam executed to the two daughters were executed after their marriage, and without the consent of plaintiff who was a minor, and together with the deed in favour of first defendant, they amount to more than half of the ancestral property. No authority in support of a Hindu father's power to make such an alienation of ancestral immoveable property has been quoted at the bar, and we find that, in a similar case, the Allahabad High Court on the suit of a minor son held that such an alienation must be set aside, not only to the extent of the father's share, but altogether--Ganga Bisheshar v. Pirthi Pal I.L.R. 2 All. 635.

3. The second appeal must be dismissed with costs.


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