High CourtsDivision Bench(1910) 03 MAD CK 0011

Visalakshi Ayi vs Mahalinga Alampiriyan and Another

Madras High Court · Decided on 22 March 1910 · Citation: 7 Ind. Cas. 800(1)

HON’BLE JUDGES
Ralph Benson, J · Krishnaswami Aiyar, J

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Judgment

5 paragraphs · 100 words
1.

The property belonged to the undivided family of a father and three sons. An oral disposition by the father is alleged but that, even if true, cannot

validate the gift. The eldest brother executed a deed of gift. But that again is not valid without the consent of the other brothers. They were both

minors. One of them is now dead and the other, the 2nd defendant, is willing to stand by the transaction. But his consent alone, eves if we can treat

his present statements as such, is insufficient.

2.

We must dismiss the second appeal with costs.