never gifted his property to her mother nor did he make any bequest, but that the name of Mt. Ansar Fatma was mutated for convenience ... came to learn either of an oral gift or of an oral bequest.
19. Under the circumstances it is impossible for us in the state
Pilliar temple to be built would not make it an invalid bequest. He also referred to the earlier decision ... appellants has urged, in the first place, that the deed of bequest will not come into operation as the Pilliar temple in which Nithya neivadhyam
third of the property had been validly left by a prior bequest in Wakf. The original Court, therefore, dismissed the suit with costs ... heirs.
6. With regard to the question whether the prior bequest in wakf was valid, it is necessary to consider in some detail the terms
legatees was the first plaintiff Ramchandra himself. Under the will a bequest of a house and certain cash was made in favour of the first ... plaintiff. That bequest was carried out by the first defendant after obtaining the probate of the will. The testator (Ganesh) by his will made
would submit that the said will would
clearly indicate that the bequest of the testator directing that Villa
Bemvinda should not be disposed ... divided in the
manner provided therein would clearly indicate that the said bequest was
conditional bequest. It is submitted that the development agreement
between
land by the side of Marie Ville.
26. The Will shows the bequest of one of those plots to three
of the children, Anthony, Irene ... price to be settled in consultation with
the executors. That is the bequest for the property now
known as building Damiano.
27. The other plot
would expire, the last of them would acquire
everything by that testamentary bequest. This was as far back as in 1970
when their children were ... them would be covered by the clause relating to the
later bequest or make a fresh will. That goes without saying. That may be
repeated
plaintiffs it is contended that the original bequest of Chinnathambia Pillai was a joint bequest in favour of his second wife Meenakshi Animal ... Section 106 of the Indian Succession Act. If the plea of joint bequest is upheld and Section 106 applied there is no defence
Probate or Letters of Administration, does not prove the legality of the bequest. Such grant proves only two things, that the signature on the Will ... properties by Will which may be verbal or in writing. The bequest to an heir is however not valid unless the other heirs consent
first contention of Mr.P.J.George is that the bequest under
the last Will and Testament of G.Vimala is in contravention of Section ... Testatrix.
In addition, the Testatrix had a nephew and, therefore, the bequest was void as
per Section 118 of the Succession Act. The second contention
