namely, Thummi and Chummar. Thummi died in the year 1933
and Chummar died in the year 1967. Chummar died issueless.
Thummi had 8 children, namely ... residue of the testator's property, since Joseph, the
legatee, died in the year 1960 and did not survive the testator
Chummar. The learned
vested in the legatee on the testator's death, and
shall pass to the legatee's representatives if he dies
before that time ... legatee only after the happening or
not happening of the contingency which means that in
the event of the legatee dying prior to happening
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
vested in the legatee on the testator's death, and
shall pass to the legatee's representative, if he dies before that
time ... vested in the legatee on the testator's
death, and shall pass to the legatee's
representatives if he dies before that time
children and
wife Daulatbai, appointing Daulatbai as a residuary legatee of the Will.
Bomanji Irani died on September 27, 1946 leaving behind his wife
Daulatbai ... probated then no legatee can claim right by means of the same and
such testator is treated to have died intestate. As per Section
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
enjoyment of the same and he paid kists and since he died intestate on 03.01.2011, the plaintiffs, who are the daughters of Kaliappa Gounder ... defendant and his brothers on 15.09.1976 and he died in the year 1977 and as legatees, the defendant and his brothers are in possession
executor dies,
his heirs cannot be substituted because the executor possessed personal
rights, but this is not applicable where the heirs of a legatee apply ... stated
above, was a legatee and not an executor under the will.
It is true that where an executor dies, his heirs cannot be
substituted
similar to the position of an heir
or a legatee of a party who dies during the pendency of suit or a
proceeding ... assets of such a
party on his insolvency. An heir of a legatee or an official receiver or
a transferee can participate in the execution
appointed by her. In other words, Matadin Agarwal was a legatee.
Instead of filing letters of administration, Matadin Agarwal filed
probate case under Section ... Matadin Agrawal was a legatee and not an executor
under the Will. It is true that where an executor dies, his heirs
cannot be substituted
