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Tripurari Pal Vs. Jagat Tarini Dasi - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtMumbai
Decided On
Judge
Reported in(1913)15BOMLR72
AppellantTripurari Pal
RespondentJagat Tarini Dasi
DispositionAppeal allowed
Excerpt:
.....gift-executory gift over.;where a hindu testator directed in his will: ' my present begotten son mukunda murari will be shebait for the performance of those ceremonies,' and provided that if the tastator died .(kiring the minority of his son, the sou's mother 'will be shelaii as his guardian' during the minority of the son, who 'on attaining majority, will personally conduct the work of the sheba' and that ' if during my life-time or after my death, the said mukunda murari dies then ' the son's mother ' will be shebait and after her death ' the testator's two daughters ' will be shebaits.'; that there was an absolute gift of the shebaitship to the son on his attaining majority which gift was not cut down by anything that followed, and that the will contained provisions in case of-the..........majesty . that the appeal ought to be allowed, and the judgment of the subordinate judge restored.3. there will be no order as to the costs incurred in the high court, except that any costs paid under the order appealed from must be returned, and there will be no costs of this.....
Judgment:

Macnaghten, J.

1. Their Lordships are of opinion that in this case the decision of the High Court cannot be supported. There is, in their Lordships' view, an absolute gift of the shepbait ship to the son Mukunda Murari on his attaining majority and it is not cut down, as far as they can see, by anything that follows. There are provisions in the case of his death as a minor, but no provision cutting down the absolute gift to him. The Words are : ' My present begotten son Mukunda Murari : Will be skebait for the performance of those ceremonies.'

2. Their Lordships will, therefore, humbly advise His Majesty . that the appeal ought to be allowed, and the judgment of the Subordinate Judge restored.

3. There will be no order as to the costs incurred in the High Court, except that any costs paid under the order appealed from must be returned, and there will be no costs Of this appeal.


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