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LAKSHMANA NADAR AND OTHERS v. R. RAMIER.

Supreme Court of India | Diary 61/1952

Status

Judgment

Decided On

1953-04-14

Bench

MAHAJAN, MEHR CHAND

Petitioner

LAKSHMANA NADAR AND OTHERS

Respondent

R. RAMIER.

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Full Judgment Text

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 11

PETITIONER: LAKSHMANA NADAR AND OTHERS

Vs.

RESPONDENT: R. RAMIER.

DATE OF JUDGMENT: 14/04/1953

BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND DAS, SUDHI RANJAN

CITATION: 1953 AIR 304 1953 SCR 848

ACT: Hindu law-Will--Bequest to wife for her lifetime and to daughter absolutely after wife’s lifetime-Estate taken by wife-Whether ordinary life estate or Hindu widow’s estate -Daughter’s estate-Whether vested-Death of daughter before widow, effect of -Construction of Hindu will-Guiding principles.

HEADNOTE: A Hindu Brahmin governed by the Mitakshara law made a will in which he gave the following directions: " After my life- time, you, the aforesaid Ranganayaki Ammal, my wife, shall till your lifetime enjoy the aforesaid entire properties ... After your lifetime, Ramalakshmi Ammal, our daughter and her heirs shall enjoy them with absolute rights and powers of alienation such as gift, exchange and sale from son to grandson and so on for generations. As regards the payment of maintenance to be made to C, wife of my late son, H, my wife Ranganayaki Ammal shall pay the same as she pleases and obtain a release deed." After the death of the testator his wife entered into possession of his properties but before the death of his wife, his daughter and all her children died: Held, (i) that on a proper construction of the will in the light of ...

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