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Visalakshi Ayi Vs. Mahalinga Alampiriyan and anr. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.800a
AppellantVisalakshi Ayi
RespondentMahalinga Alampiriyan and anr.
Excerpt:
hindu law - undivided family--gift by father, whether valid without the consent of the sons. - 1. the property belonged to the undivided family of a father and three sons. an oral disposition by the father is alleged but that, even if true, cannot validate the gift. the eldest brother executed a deed of gift. but that again is not valid without the consent of the other brothers. they were both minors. one of them is now dead and the other, the 2nd defendant, is willing to stand by the transaction. but his consent alone, eves if we can treat his present statements as such, is insufficient.2. we must dismiss the second appeal with costs.
Judgment:

1. The property belonged to the undivided family of a father and three sons. An oral disposition by the father is alleged but that, even if true, cannot validate the gift. The eldest brother executed a deed of gift. But that again is not valid without the consent of the other brothers. They were both minors. One of them is now dead and the other, the 2nd defendant, is willing to stand by the transaction. But his consent alone, eves if we can treat his present statements as such, is insufficient.

2. We must dismiss the second appeal with costs.


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