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Ramaswami Gounder vs Ramaswami Gounder And Ors. on 16 April, 1971

10. Learned counsel for the assessee referred to Ramaswami Goundar v. Ramaswami Goundar [1972] 1 MLJ 417, wherein the Madras High Court while drawing a distinction between the bare life interest and the widow's estate held as follows) : [paragraph 32 at page 426] "Firstly, the bequest to the plaintiff, Muthuthandava, Natesa and the first defendant is a vested interest and is not a contingent remainder, contingent on their surviving the widow. If the intention of the testator was that they should get only if they survived the widow, words to that effect would have been used, but that is not the case. The conferment of a vested interest on the plaintiff and the other three persons is inconsistent with the notion that the Hindu widow's estate was what was given to Sowbagiammal, because a Hindu widow is not a bare life estate holder but a full owner though her powers of alienation are limited and the persons who take after her would only have mere spes successionis or chance of succession; only those reversionary heirs living at the time of her death would be entitled to take under the Hindu law. Secondly, a Hindu widow would have powers of alienation binding the reversioners in certain limited circumstances, but a bare life estate holder would not have any such powers, and in this case no such powers of alienation have been conferred on the widow."
Madras High Court Cites 12 - Cited by 13 - Full Document
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