S.RAJAGOPAL CHETTIAR versus HAMASAVENI AMMAL AND ORS.

S.RAJAGOPAL CHETTIAR versus HAMASAVENI AMMAL AND ORS.

The testator's will made clear that the daughter was to enjoy the property absolutely during her lifetime, and after her, the property would devolve upon her male children. This negates any intention for absolute estate in the daughter; she only acquired a life estate, and Section 14(1) cannot be invoked as this ground was not raised in courts below or in the special leave petition.

Parties
Appellant: S. Rajagopal Chettiar; Respondents: Hamasa Veni Ammal and Ors.
Jurisdiction
India
Judgment Date
23 August 1991
Procedural Posture
Civil Appeal / Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Construction of Wills, Life Estate Vs Absolute Estate, Section 14(1) of Hindu Succession Act, Appeal by Special Leave Under Article 136
Succession Law Hindu Law Construction of Wills Life Estate Vs Absolute Estate Section 14(1) of Hindu Succession Act Appeal by Special Leave Under Article 136

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Parties

S. Rajagopal Chettiar

Appellant

Hamasa Veni Ammal and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Whether the daughter acquired a life estate or absolute estate under the will
  2. 2 Whether an argument not raised in courts below or in special leave petition can be raised for the first time during appeal

Ratio Decidendi

The testator's will made clear that the daughter was to enjoy the property absolutely during her lifetime, and after her, the property would devolve upon her male children. This negates any intention for absolute estate in the daughter; she only acquired a life estate, and Section 14(1) cannot be invoked as this ground was not raised in courts below or in the special leave petition.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with no order as to costs