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Kamarazu and anr. Vs. Venkataratnam - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in(1897)ILR20Mad293
AppellantKamarazu and anr.
RespondentVenkataratnam
Excerpt:
will by a hindu - construction of--gift to daughter--daughters' estate. - - 1. the terms of the will read in the light of the deed of partition referred to therein clearly indicate that the intention of the testator was to confer on his daughters an absolute, and not a limited, estate, in so far as the moveable property which was at his absolute disposal was concerned......was at his absolute disposal was concerned. there is nothing in the instrument or in the surrounding circumstances, which could lead one to think that the intention was to limit the gift to a daughter's estate, or in other words, simply for their lives. the daughters thus having taken an absolute estate, the alienation sought to be impeached was within their rights. we must, therefore overrule the view taken by the district judge, and in reversal of his decree we dismiss the suit with costs throughout. this involves the dismissal of the memorandum of objections also.
Judgment:

1. The terms of the will read in the light of the deed of partition referred to therein clearly indicate that the intention of the testator was to confer on his daughters an absolute, and not a limited, estate, in so far as the moveable property which was at his absolute disposal was concerned. There is nothing in the instrument or in the surrounding circumstances, which could lead one to think that the intention was to limit the gift to a daughter's estate, or in other words, simply for their lives. The daughters thus having taken an absolute estate, the alienation sought to be impeached was within their rights. We must, therefore overrule the view taken by the District Judge, and in reversal of his decree we dismiss the suit with costs throughout. This involves the dismissal of the memorandum of objections also.


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