5. [ Validation of sales, mortgages and leases. [Substituted for the original section 5 by section 48 of the Malabar Tenancy (Amendment) Act 1951 (Tamil Nadu Act XXXIII of 1951).]
(1)No sale or mortgage of any immovable property of an illom and no lease of any such property either for a premium returnable wholly or in part or for a period exceeding twelve years shall be valid, unless it is executed by the karnavan for consideration, for illom necessity or benefit, and with the written consent of the majority of the major members of the illom.(2)No lease of any immovable property of an illom in cases not referred to in sub-section (1) shall be valid unless it is executed by the karnavan, and where the Malabar Tenancy Act, 1929, [Tamil Nadu] Act XIV of 1930) confers fixity of tenure on the lessee, unless also the written consent of the majority of the major members of the illom, has been obtained to the lease.(3)Nothing contained in sub-section (1) or sub-section (2) shall be deemed to affect the validity of any mortgage or lease executed on or before the 27th July 1950 in accordance with the law in force at the time of such execution.]
