WYAVASTHA’-DARPANA, 6.79 deed of sale. In this case, is the sale of the estate, with exception of the share to which the infant is entitled, good and valid, or is the entire sale null and void? Supposing the mother of the minor co-heir to have consented to the alienation which had been made by his co-pareeners, is the sale of the infant’s share thereby rendered complete and binding, or otherwise? R. If one or two of the co-parceners, having sold the joint property, sign the deed of sale with their own names, and also with that of the co-parcener who is under age, the sale of the entire estate is not valid and binding, because all the partners have a right over it, and their property cannot be devised by individual alienation, but sale {o the extent of the selling co-parcener's shares is good and legal, as they are masters of their own shares, and had a partial right to the property sold. The sale of the minor's portion is null and void, even though his mother have consented to the alienation, for the property of an infant must be preserved until he comes of age. This opinión is conformáble to the Da?alha ga, Da?ataluya,”Viva da chinta maui, Vira dabhangarnava, Duroilunárnaya, and other legal authorities Authorities : Na’a Apa says: “A gift or sale (thus) made by any other than the true owner, must, by a settled rule, be considered in judicial proceedings as not made.” KA*YAYA^N. :—“Let the judge declare void a sale without ownership, and a gift or pledge
- '-- ● unauthorised by the owner.”
2i//uh Awuddea, Juno 9th, 1 S 17. Maen. II. L. Vol. II. Cha. l l, Case 4, pp. 394, 295. Q. Is a minor competent to sell his ancestral landed estate or not? Supposing him to have executed a deed of sale, and not to have received the sum stipulated in it; in this case is the sale valid and binding 2 R. A minor has no power to sell his immovable property; and if he have not received the amount specifică in the bill of sale, the sale is invalid. Zillah Jangal Mehals, May 14th, 1817. Mac. II. L. Vol. II. Cha. 11. Case 14. p. 305. • Q. Can a slave sell his daughter of three years old, while his master is living 2 R. A slave is not competent to sell his issue without his master's consent, and the sale under such circumstances is illegal and void. *
- Zillah Sylhet, December 2nd, 1815. Mac. H. L. Vol. II. Cha. 11. Case 15, p. 305.
If a I (indu sell his father's land in his absence and while living and heard of, such sale is void ah initio, and the son can recover it against his own conveyance, even after his fatiner's aetual death, or presumed death from absence of twelve years unheard os. But the purchasi'r has his remedy by action against the son for the purchase money, and the ruling power will direct the money to be refunded in whatever manner it deems most equitable Doe dem. Gangá Nárāyan Banerjea r. Balorám Báncrjea. East's Notes, Case 85. A claim by the legal heirs was adjudged, though opposed by an alleged deed of gift, it being 豐 whether that deed was executed at all, or whether, at the time of its exceution, the donoroofrom extreme old age, was in his sound mind. Ram Narāyan Dutt and others r. Musst. Satbansi und others. 23rd June 1844. S. D. A. R. Vol. III. p. 377. The brothers of a minor are not competent to sell his share of the joint estate, even though the mother be consenting there to. Sale by a ulimor of his land – ed property is void. 'I'lle sale by 嵩 slave of his own issue is void.
