THE TRANSFER OF PROPERTY ACT 509
Illus.
Sannyasi—Buddhist.
Where a person enters into a religious order renouncing all worldly affairs, his action is tantamount to civil death.
Illus.
Sannyasi— Mulla.p. 113.
Buddhist Monk— 7. Rang. 677.I. B.
A person who is civilly dead is not dead for the purpose of the T. P. Act.
Living as defined in explanation 3 to Section 299, I. P. C. would indicate that some part of its body must have been brought forth. But under the Hindu Law a son conceived is equal to son born— Mulla p. 319. A person may be living for the purpose of the Hindu Law and may not be for the purpose of T. P. Act.
16 Mad. 76 ; 37 All 162 ; 58 Mad. 886.*
- Another case of a person in a like position is that of a convict. A convict under the English Law, since he cannot enter into a contract or dispose of property, has no power to lend or borrow money on mortgage ; but the administrator of a convict may mortgage any part of the convict’s property.
A convict is defined in Section 6 of the Forfeiture Act
33 and 34 Vict. Ch. 23, 1870 : to mean any person against whom judgment of death, or of penal servitude, shall have been pronounced or recorded by any Court of competent jurisdiction in England, Wales or Ireland upon any charge of treason or felony.
- What about the position of a convict in India.
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Even under English Law a child enventre son mere is deemed to be a living person. Cases referred to in 58 Mad. 886.
(1903) 2 Ch. 411
(1909) 1 K. B. 178
(1907) 2 K. B, 422
(1926) 96 L.I.K.B. 250. Contra. 10 Lah. 713.