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Documents citing Subramania Padayachi And Ors. vs Pakkiri Padayachi on 10 October, 1934

M.V. Savitri Ammal vs Secretary, Revenue Department, Govt. ... on 12 February, 1968

10. The next decision to which reference may be made is the one in Subramania v. Pakkiri, AIR 1935 Mad 119. In that case, the testator bequeathed his properties to his minor son, appointed the testator's sister as the guardian to look after and protect the minor with a provision that in case, the minor son died, the testator's sister should take and enjoy all his properties. Madhavan Nair, J., held that the intention of the testator was that his sister should take the property only in the event of his sons surviving the testator, taking the properties and then dying and that it was not the intention of the testator that the sister should be entitled to the properties at the death of the son, whatever may be the point of tune. The learned Judge held that Section 129 did not apply; but Section 130 only applied.
Madras High Court Cites 8 - Cited by 1 - Full Document

Saripella Lakshmi Narasamma vs Saripella Ammanna Siddhanti And Ors. on 11 February, 1936

5. It was next argued that as the gift over to the brothers and nephews of the deceased is to take effect after the life estate in favour of Subadramma and as that life estate lapsed by reason of her death during the lifetime of the testator, the gift over in favour of the brothers and nephews must also be taken to have failed. We are unable to accept this contention. In a case where there is a gift of a life estate and of a remainder, the mere failure of the life estate by reason of the death of the legatee during the testator's lifetime cannot affect the operation of the clause relating to the remainder. The decision of Madhavan Nair, J., in Subramania Padayachi v. Pakkiri Padayachi A.I.R. 1935 Mad. 119, proceeded not on any general principle of the kind put forward on behalf of the appellant but upon the express language of the document before the learned Judge. The document there provided that should the first legatee die after the testator's death, the property should go over to somebody else. This clause was construed by the learned Judge as indicating a clear intention within the meaning of Section 130 of the Succession Act that it is only in that particular contingency that the property should go to the second taker.
Madras High Court Cites 3 - Cited by 1 - Full Document
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