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Pothukutchi Appa Rao And Ors. vs Secretary Of State For India In Council ... on 28 September, 1937

11. In Mst. Rukhmabai v. Lala Laxminarayan and Ors. , after adverting to the pronouncements of the Judicial Committee referred to above, there was also a reference to the pronouncement of the Division Bench of the High Court of Madras in Pothukutchi Appa Rao and Ors. v. Secretary of State AIR 1938 Madras 193 and the legal position was summed up as follows:
Madras High Court Cites 17 - Cited by 19 - Full Document

Chunilal Parvatishankar vs Bai Samrath on 17 March, 1914

Under Clause 6, the properties were given to Vasantlal and Narayanlal and by Clause 10 it was provided that if either of them died issueless then, subject to the right of the widow for residence and maintenance out of the said properties, they should go to the other son and his issues. On a proper construction of all the clauses of the Will, it becomes clear that the Testator wanted to give his two sons the properties absolutely, but subject to the condition that if any one of them should the issueless, the properties vested in him should stand divested and vest in the surviving son and his issues. We do not find any impediment in giving effect to the dominant intention of the Testator as above. A Will containing similar terms - except for the variation that instead of 'issue', 'male issue' was found in the Will - came up for consideration before Privy Council in Chunilal Parvatishankar v. Bai Samrath (1914) XVI BLR 366, and it was held that looking at the whole Will, on the death of one of the two sons leaving no male issue, the surviving son put the property appertaining to the share of the deceased son.
Bombay High Court Cites 2 - Cited by 8 - Full Document
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