VYAVASTHAT DARPANA. 627 While in the case of Nanda Rusm and others, it was determined that, according to the law as current in Behar, a gift of joint undivided property, whether real or personal, is not valid, even to the extent of the donor's own share (S. D. A. R. vol. III. p. 232). II. The same doctrine was held in the case of Ramka'nai Ray and others versus Banga Chandra Banarjyá, (Ibid. p. 17;) and the subject is more fully discussed by Mr. Colebrooke, in a Note to vol. I. pp. 47 & 117. - 358 While unseparated co-parceners are minors and incapable of giving their consent to an alienation, even one person, who is capable, may conclude a sale and the like, of the joint property (including others' shares,) if a calamity affecting the whole family require it, or the support of the family render it necessary, or indispen sable duties, such as the obsequies of the father and the like, make it unavoidable.
“Even a single individual may conclude a donation, mortgage, or sale of immovable property, during a season of distress, for the sake of the family, and cspecially for pious purposes.”
358 But where co-parceners are not incapacitated by minority and the like to give consent, and are not absent, there their consent to an alienation of the joint pro perty, though made for any of the allowable causes as above, is necessary for the y validity of the transaction. For when the right of the eldest or a younger brother, if capable, to take charge. of the whole family is pronounced dependant on the will of the rest, as declared by NARALA : “I,et, the eldest brother, by consent, support the rest, like a father; or let a younger brother, who is capable, do so : the prosperity of the family depends on ability,” *–ten the consent of all, who are capable of giving consent, is certainly necessary in an alienation of the joint property though it may be for the behoof of the whole family. Legal opinions delivered in, and admitted by, the several Gourts of Judicature, and eramined and approved of by Sir William Macnaghten. - Q. There is a family, consisting of five uterine brothers, of whom two are adult, and the others under age. Is the eldest brother, in this case, competent to sell the ancestral landed • Vra sa as cited in the Viva dabhangarnava ; and Varhasrarı as cited in the Ratna kara, Atc. Vida Coleb. Dig. vol. II. p. 189, ando Mita'kaharar, -p. 257. - f See Coleb. Dar, bhar. p. 17. Vyavasthá Authority Vyava•thá Re: son
