counsel submitted that late Sh.
Gobind Ishardass Shahani was only a residuary legatee, upon whose death,
no legal heirs could be substituted ... Will annexed.
Before the Probate could be granted, the residuary legatee died. An
I.A. 16790/2021 in TEST.CAS. 45/2001 Page
child or other lineal descendant
of the testator, and the legatee dies in the lifetime of the testator, but any
lineal descendant of his, survives ... lapse, but shall take effect as if the death of the legatee had happened
immediately, after the death of the testator, unless a contrary intention
child or other lineal descendant
of the testator, and the legatee dies in the lifetime of the testator, but any
lineal descendant of his, survives ... lapse, but shall take effect as if the death of the legatee had happened
immediately, after the death of the testator, unless a contrary intention
child or other lineal descendant
of the testator, and the legatee dies in the lifetime of the testator, but any
lineal descendant of his, survives ... lapse, but shall take effect as if the death of the legatee had happened
immediately, after the death of the testator, unless a contrary intention
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
further averred in
the writ petition that the said Mudlaiah died leaving behind a
Will in favour of Muniyappa-husband of the petitioner herein,
having ... extent of 6
acres in Survey No.13 and the said legatee-Muniyappa died
leaving behind his only surviving heir, the petitioner herein
illaqa
Shahdara, New Delhi State, Delhi, shall become the property of
aforesaid legatee(s) who will be the absolute owner(s) of the said
property ... this Will or its certified true copy and if the Legatee(s)
die(s) earlier then me, her legal heir(s) shall be entitled
somewhat similar to the position of an heir or legatee of a party who dies during the pendency of a suit or proceeding. Reference
follows:-
"Right as executor or legatee when established.-(1) No right as executor or legatee can
be established in any Court of Justice, unless ... under:
"213. Right as executor or legatee when established.--
(1) No right as executor or legatee can be established in any Court of Justice
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
