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march 1969

Supreme Court of India · 1969-03-17

S. JHANSI LAKSHMI BAI & ORS. vs POTHANA APPARAO & ORS.

Citation / case number
SC 1966/60344
Court
Supreme Court of India
Petitioner
S. JHANSI LAKSHMI BAI & ORS.
Respondent
POTHANA APPARAO & ORS.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Section 105 of the Indian Succession Act, 1925, a legacy lapses if the legatee predeceases the testator unless the will indicates otherwise. In this case, the wife, who was to sell property for specific purposes, had no beneficial interest in the property, and her death led to the acceleration of the estate in favor of the named persons. The court ruled that the residuary bequest lapsed due to her death, vesting the property in the nearest heirs, while the charitable trust for constructing a Ramamandiram remained valid.

S. JHANSI LAKSHMI BAI & ORS. vs POTHANA APPARAO & ORS. · Niyam