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Seeni Ammal and anr. Vs. Angamuttu Nadar Minor by Next Friend Sami Nadar and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in13Ind.Cas.802
AppellantSeeni Ammal and anr.
RespondentAngamuttu Nadar Minor by Next Friend Sami Nadar and anr.
Excerpt:
hindu law - alienation fl ancestral land for maintenance and marriage expenses--validity. - 1. we are unable to agree with the district judge that an outright gift of a portion of the family property by way of a provision for maintenance is necessarily beyond the powers of a family manager. in this case the gift has been found by the district munsif to represent a very small portion of the family property, and that finding has not been attacked in the appeal to the district judge.2. we cannot, therefore, hold that the gift was invalid and we allow the appeal and restore the decree of the court of first instance with costs here and in the lower appellate court. the memorandum of objections is dismissed with costs.
Judgment:

1. We are unable to agree with the District Judge that an outright gift of a portion of the family property by way of a provision for maintenance is necessarily beyond the powers of a family manager. In this case the gift has been found by the District Munsif to represent a very small portion of the family property, and that finding has not been attacked in the appeal to the District Judge.

2. We cannot, therefore, hold that the gift was invalid and we allow the appeal and restore the decree of the Court of first instance with costs here and in the lower Appellate Court. The memorandum of objections is dismissed with costs.


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