A limited owner, such as a daughter who inherits property from her father, can alienate a small and insignificant fraction of the estate for a pious purpose, such as the spiritual benefit of the deceased father.

VENKATARAMANA ROW, J.

( 1 ) THIS second appeal has been placed before the Bench, because the learned Judge who initially heard the second appeal was of the opinion that the question that arises for determination in the case was one, which, having regard to the importance, should be decided by a Bench.

( 2 ) THE brief facts which have led up to the second appeal are that one Ankamma, who was possessed of considerable properties, died without leaving any male issue. Mahalakshamma is his daughter by his first wife Ayyamma. Basavapurnamma is his daughter by his second wife Machamma. Machamma and Basavapurnamma gifted away the suit properly consisting of one acre to Yadava Pradhamic Patasala Sangham, the second defendant in the case, by a deed of gift dated 10-4-1947. According to the donors, the gift was made for the spiritual benefit of the late Ankamma. The plaintiff, the daughter by the first wife of Ankamma, claiming to be the reversioner to the estate questioned the gift as being invalid and not binding on the reversioner in view of the fact that such a gift would not conduce to the spiritual benefit of the late Ankamma and also for the reason that the recital in the deed of gift did not express any such intention. The donors, however, stated that this gift was made with the consent of the plaintiff and other relatives and it was made for the spiritual benefit of the late Ankamma.

( 3 ) THE trial court held that the gift in question was valid and binding on the reversioner and dismissed the suit. When the matter came up before the lower appellate court, it concurred with the trial court and held that it must be regarded as a charitable gift made for the spiritual benefit of the late Ankamma who himself, if he had lived, would have made such a gift and under those circumstances, the gift made by his widow and daughter was binding on the estate. In the result it dismissed the appeal. The plaintiff has now come up in appeal.

( 4 ) TWO arguments are urged before us: Firstly it is urged that the deed of gift contains no express recital that such a gift was being made for the spiritual benefit of the late Ankamma. The argument was that the intention of the donors was not manifest from a reading of the gift deed, The second argument was that at best it could be regarded as a charitable disposition and can never he regarded as an alienation made by a limited owner for a religious purpose in which case alone such an alienation would be binding on the estate. On these grounds it was argued that the gift is liable to be set aside and the plaintiffs suit decreed.

( 5 ) THE argument on the other side is that it is not essential that the intention or the purpose for which the gift was made be manifest, but if the gift itself is a charitable disposition, which could be regarded as being conducive to the bliss of the soul of the late Ankamma, then the gift ought to be upheld. Further it was urged that it is always open to a limited owner to alienate a small portion of the estate for a pious or a charitable purpose. The question therefore is whether the impugned gift to the second defendant, a Patasala, could be regarded as a pious act conducive to the spiritual welfare of the deceased.

( 6 ) THE powers of a limited heir like the widow with regard to alienation of the properties that she inherits from her husband are well settled. In this connection it would be useful to refer to the observations of the Privy Council in the case of Sardar Singh v. Kunj Bihari lal, 49 Ind App 383: (AIR 1922 PC 201 ). Their Lordships observed that the Hindu system recognised two sets of religious acts, one in connection with the actual obsequies of the deceased and the periodical performance of the obsequial rites prescribed under the Hindu Law, which are essential for the salvation of the soul of the deceased. The other relates to acts, which although not essential or obligatory, are stilt pious observances which conduce to the bliss of the deceaseds soul. The

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