MUSTAPHA LEBBE v. MARTINUS.

MUSTAPHA LEBBE v. MARTINUS.

D. C. Colombo, No. 14,218.

Guardian and ward-Right of guardian to sell property settled on the ward- Necessity of order of Court-Power conferred by parents of ward on guardian to sell at his discretion.

A guardian can sell the immovable property of his ward only (1) when a sale is necessary for the payment of debts, (2) for the maintenance of the ward, and (3) when a sale is clearly for the benefit of the ward; but such sale is not valid if not sanctioned by the Court.

A, by deed of gift, transferred certain immovable property to the children of Mr. and Mrs. B, and empowered Mrs. B to sell it, if necessary for the benefit of the donees, and invest the proceeds in the purchase of another property, or deposit the same in a bank in favour of the donees. Mrs. B sold the property to C and spent the money.

Held, that as the sale took place without the previous sanction of the Court, whose duty was to see that the price was fair and the sale manifestly for the advantage of the ward, the sale to C was void, notwithstanding the power given by the donor to Mrs. B to sell the property at her discretion.

THE plaintif0f

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