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Ganesh Chunder Dhur vs Lal Behary Dhur on 29 July, 1936

3. In my opinion the contention of Mr. Rao must prevail. In the earlier portion of the Will the testator had made it absolutely clear that he bequeathed his estate to Subba Rao as full owner, with a right of alienation and absolute enjoyment. Hence after Subba Rao's death the line of succession laid down by the Hindu Law must be followed and any clause in the Will restricting succession to the male heirs alone of the legatee Subba Rao must be held to be invalid.
Bombay High Court Cites 3 - Cited by 51 - Full Document

Madhavrao Ganpatrao Desai vs Balabhai Raghunath Agaskar on 22 November, 1927

4. Mr. Ramdas, however relied on some observations in Madhavrao v. Balabhai, AIR 1928 PC 33 where also the question of the construction of a Will which referred to "the male heirs" of the testator's daughter was considered. Though the High Court held on a construction of the Will that the intention of the testator was to create an estate descendible to the male heirs-only and, as such, invalid, their Lordships of the Privy Council held that the Will created an independent gift in favour of the male heirs of the testator's daughter who were living when the Will was executed. They further held that there was nothing in the words of the grant to show that the estate so conferred was nothing but an absolute estate upon such persons. They repelled the suggestion that the estate was limited to their life or else that any other line of descent was marked out after their death. This decision therefore, which turns on the construction of the Will in that case is no authority for the extreme proposition urged by Mr. Ramdas that a Will laying down a line of succession amongst the male heirs of the legatee only, would be valid, in the later Privy Council decision AIR 1936 PC 318 this earlier decision was noticed and it was held that it did not in any way affect the principles that no line of succession not permitted under the Hindu Law can be drawn.
Bombay High Court Cites 0 - Cited by 13 - Full Document
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