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None of her children survived her | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the 24th July, 1945, the widow describing herself as an absolute owner of the properties of her husband sold one of the items of the property to the 2nd defendant for Rs. 500 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the 18th September, 1945, the suit out of which this appeal arises was instituted by the plaintiff, the husband and the sole heir of Ramalakshmi, for a declaration that the said sale would not be binding on him beyond the lifetime of the widow | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A prayer was made that the widow be restrained from alienating the other properties in her possession | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the 19th September, 1945, an ad interim injunction was issued by the High Court restraining the widow from alienating the properties in her possession and forming part of her husband's estate, Inspite of this injunction, on the 27th September, 1945, she executed two deeds of settlement in favour of the other defendants comprising a number of properties | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The plaintiff was allowed to amend his plaint and include therein a prayer for a declaration in respect of the invalidity of these alienations as well | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was averred in the plaint that Ramalakshmi obtained a vested interest in the suit -properties under the will of her father and plaintiff was thus entitled to maintain the suit | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The defendants pleaded that the plaintiff had no title to maintain the suit, that the widow was entitled under the will to an absolute estate or at least to an estate analogous to and not less than a widow's estate, that the estate given to Ramalakshmi under the will was but a contingent one and she having predeceased the widow, no interest in the suit properties devolved on the plaintiff | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The main issue in the suit was whether- the widow took under the will an absolute estate or an estate like the Hindu widow's estate and whether the daughter's interest therein was in the nature of a contingent remainder, or whether she got in the properties a vested interest | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The subordinate judge held that the widow took under the will a limited life, interest, and not an absolute estate or even a widow's estate under Hindu law, and that the daughter got there under a vested interest in the properties to which the plaintiff succeeded on her death | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In view of this finding he granted the plaintiff a declaratory decree to the effect that the first defendant had only an estate for life in the suit properties and that the alienations made by her would not endure beyond her lifetime | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The question as to the validity of the alienations was left undetermined | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The unsuccessful defendants preferred an appeal against this decree to the High Court of Judicature at Madras | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
During the pendency of the appeal the widow died on 14th February, 1948 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The High Court by its judgment under appeal affirmed the decision of the trial judge and maintained his view on the construction of the will | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Leave to appeal to the Supreme Court was granted and the appeal was admitted on the 27th November, 1951 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The substantial question to decide in the appeal is whether the estate granted by the testator to his widow was a fall woman's estate under Hindu law or merely a limited life estate in the English sense of that expression | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was not contested before us that a Hindu can by will create a life estate, or successive life estates, or any other estate for a limited term, provided the donee or the persons taking under it are capable of taking under a deed or will | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The decision of the appeal thus turns upon the question whether the testator's intention was to give to his widow ail ordinary life, estate or an estate analogous to that of a Hindu widow | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
At one time it was a moot point whether a Hindu widow's estate could be created by will, it being an estate created by law, but it is now settled that a Hindu can confer by means of a will oil his widow the same estate which she would get by inheritance | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The widow in such a case takes as a demise and not as an heir | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The court's primary duty in such cases is to ascertain from the language employed by the testator "what were his intentions", keeping in view the surrounding circumstances, his ordinary notions as a Hindu in respect to devolution of his property, his family relationships etc | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
in other words, to ascertain his wishes by putting itself, so to say, in his armchair | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Considering the will in the light of these principles,it seems to us that Lakshminarayan Iyer intended by his will to direct that his entire properties should be enjoyed by his widow during her lifetime but her interest in these properties should come to an end on her death, that all these properties in their entirety should thereafter be enjoyed as absolute owners by his daughter and her heirs with powers of alienation, gift, exchange and sale from generation to generation | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He wished to make his daughter a fresh stock of descent so that her issue, male or female, may have the benefit of his property | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
They were the real persons whom he earmarked with certainty as the ultimate recipients of his bounty | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In express terms he conferred on his daughter powers of alienation byway of gift, exchange, sale, but in sharp contrast to this, on his widow he conferred no such powers | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The direction to her was that she should enjoy the entire properties including the outstandings etc | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
and these shall thereafter pass to her daughters | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Though no restraint in express terms was put on her powers of alienation in case of necessity, even that limited power was not given to her in express terms | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If the testator had before his mind's eye his daughter and her heirs as the ultimate beneficiaries of his bounty, that intention could only be achieved by giving to the widow a limited estate, because by conferring a full Hindu widow's estate on her the daughter will, only have a mere spes successions under the Hindu law which may or may not mature and under the will her interest would Only be a contingent one in what was left indisposed of by the widow | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is significant that the testator did not say in the will that the daughter will enjoy only the properties left indisposed of by the widow | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The extent of the grant, so far as the properties mentioned in the schedule are concerned, to the daughter and the widow is the same | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Just as the widow was directed to enjoy tile entire properties mentioned in the schedule during her lifetime in like manner the daughter and her heirs were also directed to enjoy the same properties with absolute rights from generation to generation | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
They could not enjoy the same properties in the manner directed if the widow had a full Hindu widow's estate and had the power for any purpose to dispose of them and did so | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If that was the intention, the testator would clearly have said that the daughter would only take the properties remaining after the death of the widow | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The widow cannot be held to have been given a full Hindu widow's estate under the will unless it can be said that under its terms she was given the power of alienation for necessary purposes, whether in express terms or by necessary implication | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
As above pointed out, admittedly power of alienation in express terms was not conferred on her | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was argued that such a power was implicit within the acts she was authorized to do, that is to say, when she was directed to pay the debts and settle the maintenance of Ramalakshmi it was implicit within these directions that for these purposes, if necessity arose, she could alienate the properties | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This suggestion in the surrounding circumstances attending the execution of this will cannot be sustained | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The properties disposed of by the will and mentioned in the schedule were considerable in extent and it seems that they fetched sufficient income to enable the widow to fulfil the obligations under the will | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Indeed we find that within four years of the death of the testator the widow was able to pay a lump sum of Rs | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
3,350 in cash to the daughter-in-law without alienating any part of the immovable properties and presumably by this time she had discharged all the debts | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is not shown that she alienated a single item of immovable property till the year 1945, a period of over 21 years after the death of her husband, excepting one, which she alienated in the year 1937 to raise a sum of Rs | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1,000 in order to buy some land | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
By this transaction she substituted one property by another | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
For the purpose of her maintenance, for payment of debts etc., and for settling the claim of the daughter-in-law she does not appear to have felt any necessity to make any alienation of any part of the estate mentioned in the schedule and the testator in all likelihood knew that she could fulfil these obligations without having recourse to alienations and hence he did not give her any power to do so | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In this situation the inference that the testator must have of necessity intended to confer on the widow power of alienation for those limited purposes cannot be raised | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In our opinion, even if that suggestion is accepted that for the limited purposes mentioned in the will the widow could alienate, this power would fall far short of the powers that a Hindu widow enjoys under Hindu law | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Under that law she has the power to alienate the estate for the benefit of the soul of the husband, for pilgrimage and for the benefit of the estate and for other authorized purposes | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It cannot be said that a Hindu widow can only alienate her husband's estate for payment of debts, to meet maintenance charges and for her own maintenance | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
She represents the estate in all respects and enjoys very wide power except that she cannot alienate except for necessity and her necessities have to be judged on a variety of considerations | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We therefore hold that the estate conferred on Ranganayaki Ammal was more like the limited estate in the English sense of the term than like a full Hindu widow's estate in spite of the directions above- mentioned | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
She had complete control over the income of the property during her lifetime | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
but she had no power to deal with the corpus of the estate | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
and it had to be kept intact for the enjoyment of the daughter | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Though the daughter was not entitled to immediate possession of the property it was indicated with certainty that she should get the entire estate at the proper time | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
and she thus got an interest in it on the testator's death | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
She was given a present right of future enjoyment in the property | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
According to Jarman (Jarman on Wills), the law leans in favour of vesting of estates and the property disposed of belongs to the object of the gift when the will takes effect and we think the daughter got under this will a vested interest in the testator's properties on his death | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was strenuously argued by Mr. K. S. Krishnaswami Iyengar that Lakshminarayana Iyer was a Brahmin gentleman presumably versed in the sastras, living in a village in the southernmost part of the Madras State, that his idea of a restricted estate was more likely to be one analogous to a Hindu woman's estate than a life estate a,-, understood in English law wherein the estate is measured by use and not by duration, and that if this will was construed in the light of the notions of Lakshminarayana Iyer it should be held that the widow got under it a Hindu widow's estate and the daughter got under it a contingent remainder in the nature of spes and on her death there was nothing which could devolve on the plaintiff and he thus had no locus standi to question the alienations made by the widow | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The learned counsel in support of his contention drew our attention to a number of decisions of different High Courts and contended that the words of this will should be construed in the manner as more or less similar words were construed by the courts in the wills dealt with in those decisions | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This rule of construction by analogy is a dangerous one to follow in construing wills differently worded and executed in different surroundings | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Vide Sasiman v. Shib Narain 491 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A. 2 5 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
However, out of respect for learned counsel on both sides who adopted the same method of approach we proceed to examine some of the important cases referred to by them | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Mr. Krishnaswami Iyengar sought to derive the greatest support for his contention from the decision in Ram Bahadur v. Jager | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Nath Prasad 3 Pat | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
L. J. 199 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The will there recited that if a daughter or son was born to the testator during his lifetime, such son or daughter would be the owner of all his properties but if there was no son or daughter, his niece S. would get a bequest of a lakh of rupees, and the rest of the movable and immovable properties would remain in possession of his wife until her death, and after her these would remain in possession of his niece | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The remainder was disposed of in the following words: - "If on the death of my wife and my niece there be living a son and a daughter born of the womb of my said brother's daughter, then two-thirds of the movable property will belong to the son and one-third to the daughter | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
But as regards the immovable property none shall have the lest right of alienation | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
They will of course be entitled to enjoy the balance left after payment of rent | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This will was construed as conveying an absolute estate to the son and the daughter of the niece | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was remarked that in spite of an | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
express restriction against alienation, the estate taken by S. (the niece) was an estate such as a woman ordinarily acquires by inheritance under the Hindu law which she holds in a completely representative character but is unable to alienate except in case of legal necessity and that such a construction was in accordance with the ordinary notions that a Hindu has in regard to devolution of his property | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The provisions contained in this will bear no analogy to those we have to construe | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The restraint against alienation was repugnant to both a life estate and a widow',-, estate and was not, therefore, taken into account | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
But there were other indications in that will showing that a widow's estate had been given | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The fact that the gift over was a contingent bequest was by itself taken as a sure indication that the preceding bequest was that of a widow's estate | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There is no such indication in the will before us | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Reliance was next placed on the decision in Pavani Subbamma v. Ammala Rama Naidu (1937 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1 M.L.J. 268 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1936 Indlaw MAD 236 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Under the will there dealt with, the widow S, was to enjoy the properties and after her lifetime the properties were to be taken in the ratio of three to five by the son's daughter and the daughter's son respectively | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A suit was instituted by the son's daughter for the recovery of possession of her share in one item of property forming, part of the estate which had been sold by S | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The question for decision in that case was whether S. was at all entitled to sell anything more than her life interest even for purposes of meeting a necessity binding upon the estate | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Varadachari J. held that since in the will the gift over to the grand-children was of the entire Properties, and not a mere gift by way of defeasance, it had to be held that it indicated that the prior gift in favour of the widow was only of a limited interest | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This decision therefore goes against the contention of the learned counsel but he placed reliance on the observations made in the judgment when the learned Judge proceeded to say: "In deference to the view taken in Maharaja of Kolhapur v. sundaram Iyer (1925) I.L.R. 48 Mad | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1, it may be possible to create an interest analogous to a woman's estate in Hindu law notwithstanding the addition of a gift over and that the estate taken by S. need not necessarily be only a life estate in the English law sense of the term | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We do not understand how such passing observations can be helpful in deciding the present case | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Assuming that it is possible to create a Hindu woman's estate not with standing the addition of a gift over, the question nevertheless whether that had been done in a given case must depend on the terms of the particular instrument under consideration | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The following remarks in the Privy Council decision in Nathu, Ram Mahajan v. Gangayabai (1938 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
2 M.L.J. 562 were next cited:-- "As the will gave her the right to 'enjoy' the income of the estate during her lifetime, it was evidently contemplated that she should, as provided by -the Hindu law in the case of a widow, be in possession of the estate | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Such casual observation made in respect of a will couched in entirely different terms cannot afford much assistance in the decision of the case | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In Vasantharao Ammannamma v. Venkata Kodanda Rao Pantalu 1939 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Indlaw MAD 621 (1940 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
M.L.J. 188, the next case cited, a Hindu testator who was a retired subordinate judge provided by his will as follows: "Out, of the aforestated ancestral lands, the oneninth share to which I am entitled shall be enjoyed after my death by my wife till her death, and after her death it shall pass to S. son of my second elder brother deceased | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
My self-acquired properties shall on my death be enjoyed by my wife till her death and after her death they shall pass to my daughter | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Thereafter they shall pass to my grandson through my daughter | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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