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Manickam Pillai Vs. Ramalinga Pillai and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in(1906)ILR29Mad120
AppellantManickam Pillai
RespondentRamalinga Pillai and ors.
Cases ReferredTransfer of Property Act Narasimham v. Madavrayulu
Excerpt:
hindu law - reversionary right, nature of--transfer of property act, iv of 1882, section 6. - - this has been clearly ruled by privy council in bahadur singh v.1. the reversioner had nothing to sell. the right of a presumptive reversionary heir under the hindu law is no more than a spes successionis or expectancy of succeeding to the property. this has been clearly ruled by privy council in bahadur singh v. mohor singh i.l.r. 24 all. 94. such an expectancy cannot be transferred under section 6 of the transfer of property act narasimham v. madavrayulu 13 m.l.j. 323. 2. we dismiss the second appeal with costs.
Judgment:

1. The reversioner had nothing to sell. The right of a presumptive reversionary heir under the Hindu Law is no more than a spes successionis or expectancy of succeeding to the property. This has been clearly ruled by Privy Council in Bahadur Singh v. Mohor Singh I.L.R. 24 All. 94. Such an expectancy cannot be transferred under Section 6 of the Transfer of Property Act Narasimham v. Madavrayulu 13 M.L.J. 323.

2. We dismiss the second appeal with costs.


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