Section 109 of the Succession Act provides that if the legatee
dies during the lifetime of the testator, the bequest would not lapse ... 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
further seen that Nagasubramaniam, one of the legatees had died on 05.04.1986 and it is also seen that Muthusamy Gounder, father of Nagasubramaniam died ... Will, the right of the legatees to receive the properties absolutely shall take effect or become vested on the legatees, on the testator
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
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
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
would be
dealt with when a lessee died testate or intestate leaving behind more than one
legatees or heirs as the case
probate or letters of
administration is initiated for protecting the interest of legatees under a
will and to ensure that the benefit arising ... 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
were made of land of which the legatee immediately makes a wakf, after which the testator dies, the land is not wakf
vested in the legatee on the testator's death, and shall pass to
the legatee's representatives if he dies before that time ... legatee was allowed to enjoy the income from
bequeathed properties even during the period rights of separate
enjoyment were not available to the legatee
properties became the absolute properties of K.Saroja Bai. She died on 02.06.1999 leaving behind the plaintiff and the defendants as her legal heirs ... suit is bad for non-joinder of necessary parties, namely the legatees of the last will of K.Saroja Bai. The second defendant sought dismissal
