Generally, the legatee has a vested interest from the
date of the death of the testator. If the legatee dies after
the testator, without receiving ... heirs of
such a legatee are also treated like legatees, under
sections 104 and 105 . Even if the legatee dies before
the testator
Succession Act, 1925, which is applicable
to the situation where the legatee dies before the testator/testatrix. He
further contended that though in the suit ... Indian Succession Act,
1925, it is manifest that in case the legatee dies before the testator, then
the legacy forms part of the residue
Will
annexed shall not be granted to any legatee other than the universal or the
residuary legatee unless the citation has been published. Citation ... died before the testator
(d) Had died before he has proved the Will.
(iii) Where the executor after having proved the Will has died
establish the right as a legatee or an executor.
Whosoever wishes to establish that right whether it
be a legatee or an executor himself ... declaration and
consequential reliefs) and he dies during the
pendency of the suit, the executor or legatee under
his will, can come on record
shall pass to the legatee's death, and shall pass to the legatee's representative if he dies before that time and without ... holder. Another aspect is that where a legatee was alive at the testator's death, but died between that date and the period
establish the right as
a legatee or an executor. Whosoever wishes to
establish that right, whether it be a legatee or an
executor himself ... declaration and consequential reliefs), and he dies
during the pendency of the suit, the executor or legatee
under his Will, can come on record
aforesaid Sellathachi and Janakathachi, if one of
the persons were to die survived by the other, the surviving member
shall have the right to enjoy ... Will
during my lifetime."
5. Somasundaram Pillai died in September 1950. The legatees
Sellathachi and another had come into possession of the properties.
Janakathachi
that of the position of an heir or a
legatee of the party who dies during the pendency of the suit or a
proceeding
favour of Ms. Saroj
Kumari. The original lessee died on 16-12-1982. The legatee, Ms. Saroj
Kumari applied for probate; the Court issued citation ... Page 13
her (or his) death that the title passes to the legatee (or nominated heir).
There is no indication in the Lease Deed - contrary
testator died on 28-8-1991; the original executrix of the will also died in 1999. The petitioners, as residuary legatees, being children, applied
