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Ramamitham and anr. Vs. Ranganathan and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in(1901)ILR24Mad299
AppellantRamamitham and anr.
RespondentRanganathan and ors.
Excerpt:
hindu law - bequest to daughter and her sons from generation to generation--testator predeceased by legatee who left daughters--lapse of legacy--succession act--act x of 1865, sections 92, 96. - - the provision in the indian succession act is an exceptional one made for a certain class of cases only and we have no power to extend it.1. the words 'sons and grandsons' used in the will have, in our opinion, no other effect than the term 'heirs' would have in an english will.2. it is argued that because, according to the english statute and the indian succession act, a gift to the testator's child does not lapse on the legatee dying before the testator, leaving lineal descendants, the same rule must by analogy apply to this case.3. we cannot adopt this view. the provision in the indian succession act is an exceptional one made for a certain class of cases only and we have no power to extend it.4. we dismiss the second appeal with costs.
Judgment:

1. The words 'sons and grandsons' used in the will have, in our opinion, no other effect than the term 'heirs' would have in an English will.

2. It is argued that because, according to the English Statute and the Indian Succession Act, a gift to the testator's child does not lapse on the legatee dying before the testator, leaving lineal descendants, the same rule must by analogy apply to this case.

3. We cannot adopt this view. The provision in the Indian Succession Act is an exceptional one made for a certain class of cases only and we have no power to extend it.

4. We dismiss the second appeal with costs.


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