vy AVASTHA'-DARPANA. ●● 1 Regal opinion dilivered in, and admitted by a court, and examined and approved of by Sir Willium Macnaghten. Q. A man dies involved in debt, and is survived by two minor sons, the elder of whom is only thirteen years of age, and there is no adult representative of the deceased. If any person bring an action against the minors, that action, according to the privileges eonferred by the regulations of Government, and to the established usage of the country, cannot be admitted, and it has been provided, that minority continues until the completion of eighteen years of age, after which period majority commences. In this case, according to the II indu law, is an action brought against the elder son of the deceased debtor admissible or mot? And does the liquitiation of the debt contracted by the father become incumbent on him 7 R. According to the law, the action for debt brought against the elder son of the deceased debtor, who is only thirteen years old, is not admissible. When the minor may attain the age of thajority, he must discharge the debt contracted by the father, and not previously.” Zillah Midnapore. Maen. H. L. vol. II. ch. 10, Case 11 (pp. 287, 288 ). SECTION II.—ON (}U ARIDIAN8HIP. 242 The sovereign (a) is the universal superintendant of those who cannot vvavastiá take care of themselves.t 243 In this capacity, he (a) is to take care of, and to look after, the property V vavasthá - - به vav astna of a minor until he attain majority.t (a ) The sovereign or the court representing the sovereign. Ibid. 202. 1. The king should guard the property of an infant, and the effects of the husband and wife - Authoriti ( in the absence of the husband). VisiiNu. vnt horntnes II. Let the king protect the effects of insants who are incapable from nonage of conducting their own assairs, and the goods belonging to widows of learned priests and of valiant soldiers; but effects of which there are no owners escheat to the king. SANKIIA and Likutta. III. The king should guard the property which descends to an insant by inheritance, until he return from the house of his preceptor, or until he have passed his minority. MANu.
- At the expiration of the term of minority, the son and son's son of a person deceased are bound to discharge the obligations of their ancestor; and other heirs are so, provided they take his assets: but under no circumstances is a minor answerable for such obligation ; and so long as the minority “” the property left by the deceased cannot be sold for the liquidation of any debt he may have contraeted The Sudder Court, however, has, decided against this opinion, as will be presently heen.
l f Vide Goleb. Dig. vol. III. p. 504 f strange's Hindu Law. voi. I. pp. 103, 104; Macn. H. I.. vol. I. p. 104.
