TALKESHWARI DEVI versus RAM RAN BIKAT PRASAD SINGH & ANR.

TALKESHWARI DEVI versus RAM RAN BIKAT PRASAD SINGH & ANR.

Clause 5 of the will did not create a defeasance or divesting condition after the absolute interest had vested under clause 4. Since the contingency of Sheorani dying issueless occurred after the estate vested in her, Section 124 of the Indian Succession Act, 1925 applies, and the appellant cannot claim a legacy on that basis.

Parties
Appellant: Talkeshwari Devi; Respondent No. 1: Ram Ran Bikat Prasad Singh; Respondent No. 2: Sheorani (deceased)
Jurisdiction
India
Judgment Date
12 January 1972
Procedural Posture
Civil Appeal / Appeal by Certificate From Patna High Court Judgment Dated 17 February 1965 in First Appeal No. 113 of 1960
Outcome
Appeal dismissed with costs
Legal Topics
Construction of Will, Vesting of Estate, Conditional Bequest, Devolution of Property
Succession Law Construction of Will Vesting of Estate Conditional Bequest Devolution of Property

Case Brief

Summary, issues, holding and outcome

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Parties

Talkeshwari Devi

Appellant

Ram Ran Bikat Prasad Singh

Respondent No. 1

Sheorani (deceased)

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Certificate From Patna High Court Judgment Dated 17 February 1965 in First Appeal No. 113 of 1960

Legal Issues

  1. 1 Whether the appellant is entitled to the properties that devolved on Sheorani under the will of Raghunath Prasad Singh, particularly on the basis of clause 5 of the will.
  2. 2 Whether Section 124 or Section 131 of the Indian Succession Act, 1925 applies to the facts of the case.

Ratio Decidendi

Clause 5 of the will did not create a defeasance or divesting condition after the absolute interest had vested under clause 4. Since the contingency of Sheorani dying issueless occurred after the estate vested in her, Section 124 of the Indian Succession Act, 1925 applies, and the appellant cannot claim a legacy on that basis.

Court Disposition

Appeal dismissed with costs

Orders

  • Suit by appellant is unsustainable
  • Appellant's appeal dismissed with costs