effect to only if the testator expressly directs that if the
legatee dies during his life time the legacy shall go to
some other person ... have expressly envisaged
the possibility of lapse in consequence of the legatee dying
during his life time and must have made a provision for that
interest therein, if such Taluqdar or Grantee,
heir or legatee had died intestate, or
(2)..........................................
except by an instrument of gift or a will
executed ... lists mentioned in section eight, or his
heir or legatee, shall die intestate as to his
estate, such estate shall descend is follows
legatees on the death of the testator, the appellant) as the
legal representative of one of the legatees who died after
the death ... vested
in the legatee on the testator's
death, and shall pass to the
legatees's representatives if he
dies before that time
lease
granted in favour of the appellants herein.
11. Indisputably, the legatee died on 18.11.1976 without any issue. He
had not adopted any son also ... legatee Hamir Chandra
Mullick did not leave behind any son or had not adopted any. As
admittedly, the legatee died in the year 1977 without
testator had 19.40
acres of land answering to the description.
The legatee died without having made the
selection. His heir brought a suit and wanted ... heirs of a legatee should be allowed to make
the election in the event of the legatee dying
without having made it. He therefore
distinguished
Thomson Press (India) Ltd vs Nanak Builders & Investrs.P.Ltd & Ors on 21
similar to the position of
an heir or a legatee of a party who dies during the pendency
of a suit or a proceeding ... similar to the position of an heir or
a legatee of a party who dies during the pendency of a suit
or a proceeding
when
payment or possession postponed.-- Where
by the terms of bequest the legatee is
not entitled to immediate possession of
the thing bequeathed, a right ... become vested in the legatee on the
testators death, and shall pass to the
legatee's representatives if he dies
before that time
State of Kerala owning property therein if dies after
making a Will, the legatee thereto need not to obtain a
probate in terms of Section ... codicil.
Section 213 . Right as executor or legatee when
established. (1) No right as executor or legatee can be
established in any Court of Justice
residuary legatee, nor
representative of such legatee. - When
there is no executor and no residuary
legatee or representative of a
residuary legatee, or he declines ... estate of the deceased if he had
died intestate, or any other legatee
having a beneficial interest, or a
creditor, may be admitted to prove
