A property guardian does not have the power to sanction an ex gratia payment from the minor's estate for the marriage of the minor's sister, even if the purpose is meritorious or proper.

ORDER :- This is an application by V. Sampath Lakshmi, the property and personal guardian of her minor children (1) Lalitha Bai, (2) Narayanan, (3) Lakshmanan, (4) Sita Kumari, (5) Gopal, (6) Mirabai, (7) Ramani, and (8) Kasturi, of whom five are her daughters and three are her sons, for sanction of the court to have her minor daughter Lalitha Bai, the first named, married to her brother Satyamurthi, and for payment out of a sum of Rs. 3000 from and out of the estate managed by her towards the marriage expenses of the contemplated marriage.

She was appointed guardian by order of court dated 18-9-1959 in O. P. No. 97 of 1959 on the file of the Original Side of this court. Previously, her husband Venkatesan was appointed guardian of the property and person of some of the minor children in O. P. No. 30 of 1950. The two miner children, Ramani and Kasturi, were born to Venkatesan and Sampath Lakshmi after the order of court in O. P. No. 30 of 1950 appointing Venkatesan as the guardian. Venkatesan died On 29-1-1959 and Sampath Lakshmi was appointed in his place as the property and personal guardian of all the minor children referred to above.

The properties now forming the subject matter of O. P. No. 97 of 1959 and previously forming the subject matter of O. P. No. 30 of 1950 belonged absolutely to Tiruvengadasami Pillai, the father of the deceased Venkatesan who died leaving behind his last will and testament dated 15-1-1936 which was duly probated in O. P. No. 128 of 1937 on the file of this court. The testator Tiruvengadaswami carved out only a life estate in all the properties forming the subject matter of the bequest in favour of his son, Venkatesan, with a vested remainder in favour of the sons of Venkatesan.

It is admitted in paragraph 3 of the petition in O. P. No. 97 of 1959 that the minor sons of Venkatesan and Sampath Lakshmi, viz., Narayanan, Lakshmanan and Gopal are alone absolutely entitled to all the properties comprised in the will of the late Tiruvengadasami Pillai and in the schedule of properties attached to the petition. The daughters of Venkatesan and Sampath Lakshmi have no manner of right or claim in the properties forming the subject matter of the legacy in favour of the minor sons.

It is also plain that the deceased Venkatesan did not make any acquisition of his own and that none of the items of properties forming the subject matter of the guardian petition can be said to belong either to Venkatesan absolutely or to the joint family of Venkatesan and his minor sons. The minor sons of Venkatesan are the absolute legatees of the properties comprised in the guardian petition under the will of their late grandfather, owning the properties as tenants in common, each son being entitled to a third share of the properties.

The position, therefore, is that Sampath Lakshmi, the applicant herein, is functioning as the property guardian of her three minor sons abovenamed, and as the personal guardian of all her children, male and female. She has been permitted to draw a sum of Rs. 100 per month from and out of the estate of the three minor sons for the upkeep, maintenance and education of the minor children.

2. The question for consideration is whether it is permissible for the property guardian of the estate of the three minor sons to spend the sum of Rs. 3000 or any reasonable amount which the court may sanction from and out of this minors estate for the marriage of the minor girl, Lalitha Bai, the sister of the minor wards. The girl has attained marriageable age and she should be married in a manner befitting the social status and respectability of the family.

There is no difficulty in the court approving the choice of the bridegroom especially when the match is approved not merely by the personal guardian of the minor girl, but also by the paternal grandmother of the minor and by the father of the guardian. In view of the supporting affidavits of S. Chandrasekharan and Padmavathi Ammal approving the marital allian