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november 1952

Supreme Court of India · 1952-11-07

RAJ BAJRANG BAHADUR SINGH vs THAKURAIN BAKHTRAJ KUER.

Citation / case number
SC 1951/38
Court
Supreme Court of India
Petitioner
RAJ BAJRANG BAHADUR SINGH
Respondent
THAKURAIN BAKHTRAJ KUER.
Bench
MUKHERJEA, B.K.

Judgment text excerpt

The Supreme Court held that the Oudh Estates Act (Act I of 1869) permits the creation of future estates as long as they comply with the rule against perpetuities. It clarified that a will by a taluqdar that designates a legatee as an 'absolute owner' without transfer rights does not confer absolute ownership, and succession should follow the will's provisions rather than Section 14 of the Act. The Court ruled that the widow of the deceased legatee was entitled to succeed over the elder brother, as the will did not grant an absolute estate.

RAJ BAJRANG BAHADUR SINGH vs THAKURAIN BAKHTRAJ KUER. · Niyam