VEERATIALINGAM AND OTHERS versus RAMESH AND OTHERS

VEERATIALINGAM AND OTHERS versus RAMESH AND OTHERS

The will must be read as conferring equal shares (per capita) on all thirteen great grandsons; the properties must be divided equally among them upon their attaining majority. The High Court erred by preferring a per stirpes interpretation based on distinguishable precedent. Disposition is not void for perpetuity as all necessary parties were alive at the relevant time.

Parties
Appellant: Veerattalingam; Respondent: Ramesh; Respondent: Ganesh; Respondent: Sivalingam
Jurisdiction
India
Judgment Date
18 September 1990
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal by Special Leave
Outcome
Appeal allowed in part
Legal Topics
Will Construction, Division of Property, Rule Against Perpetuity
Succession Law Property Law Will Construction Division of Property Rule Against Perpetuity

Case Brief

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Parties

Veerattalingam

Appellant

Ramesh

Respondent

Ganesh

Respondent

Sivalingam

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal by Special Leave

Legal Issues

  1. 1 Proper construction of the expression 'equal shares' in the will of the testatrix and its effect on division of properties among great grandsons
  2. 2 Applicability of the rule against perpetuity to the disposition under the will

Ratio Decidendi

The will must be read as conferring equal shares (per capita) on all thirteen great grandsons; the properties must be divided equally among them upon their attaining majority. The High Court erred by preferring a per stirpes interpretation based on distinguishable precedent. Disposition is not void for perpetuity as all necessary parties were alive at the relevant time.

Court Disposition

Appeal allowed in part

Orders

  • Suit decreed in favour of all three plaintiffs
  • Share of three plaintiffs and defendants 5 to 14 shall be one-thirteenth each in the suit properties