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GUNASEKERA HAMINI v. DON BARON


GUNASEKERA HAMINI v. DON BARON.

GUNASEKERA HAMINI v. DON BARON.

 D. C., Colombo, 13,125.

Donation by a minor-Want of authority of guardian-Ratification after majority.

A donation by a minor unassisted by a guardian is null and void.

On the death of the minor's father, the mother does not become the guardian except by the Court appointing her under chapter 40 of the Civil Procedure Code.

Such a donation cannot be ratified subsequently, when the minor comes of age.

ACTION rei vindicatio, to recover one-fourth share of a land which the plaintiff alleged was originally the property of one Don Lorenzo Appuhami and his wife Francina. On the death of Don Lorenzo his widow became entitled to a half of the land, and his two daughters, the first plaintiff and Juliana, to one-fourth each. The first plaintiff, who was married to the second plaintiff, complained that the defendant was in unlawful possession of the entire land since September, 1890.

The defendant pleaded that by a deed No. 7,031, dated 20th August, 1890, the first plaintiff and her sister Juliana and their mother Francina gifted the said land to him.

The plaintiffs replied that the defendant, being the nephe

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