VYA VASTHA1DA RIPANA 573 R. Any bond which a mother, having contracted a debt for the maintenance of her minor son, may have crecuted in the name of such minor son in favour of the creditor, is valid hnd binding, according to the texts of Prihaspati and other sages, cited in the Pira daratna Aara, riva dachiut “mani, Duoyafatwa, and other authorities. ..suthorities. “A debt contracted before partition by an uncle, or a brother, or a mother, for the support of the family, all the parceners or joint tenants shall discharge.” “A housekeeper shsll discharge a debt contracted by his uncle, brother, son, wife, servant, pupil, or dependants, for the support of the family (during his absence).” Zillah Burdwan, December 4tl, 1817. Mac. H. I,. vol. 11. Chap. IX. p. 2»!). Q. A person died, leaving a widow and son. The widow, during the life-time of her son, brings an action against an individual for some of her husband’s immovable estate. In this case, should the action by her, according to law, be held to be admissible, or not? R. Where the son of the deceased proprietor is living, the suit, instituted by his widow claiming his property cannot be admitted unless the son be a minor, that is, unless he be under sixteen years old, in which case the action by her on his behalf should be held to be admissible, she acting the part of his guardian. Moorshedabad court of appeal, February 15th, 1814. Maen. H. L. W. II. Chap. VII. Case 5, ( p. 205 ). Q. A landed proprietor died, leaving two minor sons. of the minors are living. The mother and paternal unele In this case, does the guardianship of the minors' persons and estate rest with their mother, or with their paternal unele ? R. The guardianship of the infants in respect of their persons and property, rests with their nother; but if the mother sell or otherwise alienate their property, excepting always a “use of necessity, as if food and raiment be absolutely requisite, she should be divested of the management of the estate, and it should be confided to their uncle, supposing him to be conipotent and honest. Zillah 24 Pergunnahs, May 20th, 1810. Maen. H. L. Vol. II. Chap W II. Case 1, (p 205). Q. A person died possessed of some real and personal property, partly ancestral and partly acquired, leaving a widow under age. In this case, is his father-in-law (the father of his widow, ) or his grandfather's brother (whether he lived with the deceased in union or separated from him ), entitled to manage the estate 2 R. The management of the estate of the infant widow first rests with her husband's relation, that is, his grandsather's brother, but not with her own father, while such relation exists : in default of the husband's relations, her father becomes her guardian ; as is laid down in the text of NA1 ADA quoted in the Da3/a//haoga ( Fide ante, p. 107 }. Zillah IIoogly, July 8th, 1815. Maen. H. L. V. II. Chap. VI ! Case 1. t | 203 ). Q. In the case of a childless widow who is a uninor, and whose father and husband's sister's son are both living, which of the iudividuals in question is entitled to the management of her property? Necessary debts contracted for an infant are binding on hinu. Awidow hawe ing a son may sue for her husband's property, if her son be a minor. The mother is cintitled to the guardianship of her minor children, in preferenct: to their uncles. The management of an cstate which devolved on a minor widow rests with her husband's relations, and with her own relations only in their default.
