VYAğ#ğTHA'..]DARPANA. 651 §§on'br adoption, and the alienation of property exceed- Vyawastha in႕ႏွံႏိုင္ငံ * rேie in the joint estate or of his sole estate, and of £hewife's pro- * in soalamity affecting the family, for the support of the funily, or perfor-3 ፲፥ of indispensable duties are moral as well as valid.
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f ..I. Nonina--"Even a single individual may conclude a donation, motgage, or ملعه Authotಳಿ immovable property, during a season of distress, for the sake of the family, and especially for pious pyp888” Ante p. 627. * f
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& II. But, if the family cannot be supported without selling the whole immovable or other property, even the whole may be sold or otherwise disposed of Coleb. Dá. bhá, p. 80
Legal opinions delivered in, and admitted by, the sevral Conrts of Judicature, aud eramised and approved of by Sir William Macnaghten. Q. A person leaving a widow and a son, died possessed of some landed property in joint tenancy. Subsequently to his death, his son died childless, and his share of the joint property was illegally taken possession of by his father's brother's sons. The widow made a gift of the property in question to her daughter's son, and, having joined with him (the donee,) sold it to a third person. In this case, is the sale legal and valid? ੋ। . يد ؛ * ." * R. Under the circumstances stated, the sale of the joint property, by the widow with the ...” b oo: ‘consent of her heir, being the grandson in the female line, is good and valid. This is conso jo of ..., :aint to the Sariti Sha'atra.” heir, is valid.
- پسپ; Y # Q. Supposing the widow, with the assent of her daughter's minor son, to have contracted the sale, in this case is the sale legal or otherwise?
- ಜ. If the widow have sold the property for the purpose of procuring the necessaries of # or from being uuable to manage the estate, with or without the assent of her minor, unr nich heir was a minor grandson in the female line, the sale is valid; but under other circumtances, if" she have sold the property unnecessarily, with or without the minor's assent, should he be desirous to nullify the alienation, he may do so, and the sale made by her will become void. #; pią Moorhedabad, August 23rd. 1822. Maen. H. L. Vol. II. Ch. 11. Case. 19. pp. 309, $10. A 像 o: Q. A woman, during the life-time of her insane husband, sells a portion of his landed Sale by a wife, property for the purpose of performing the funeral obsequies of her mother-in-law. In this case, of her insane according to law, is the sale complete and binding? ు வீ
Should a wife sell a portion of her husband's estate, he being childless, and of confirmed for the purpose above stated, such sale is good in law. zillah Syliet, κονικλί #0th, 1817. Sikposád versus subarna Dací. Maen. H. L. Vol II. Ch. 11. Gase 21. p. 411.
