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1974 Supreme(Bom) 178

M.N.CHANDURKAR
BHAGIRATHIBAI GANGARAM LAKARYA – Appellant
Versus
LALCHAND BALARAH – Respondent


JUDGMENT-The only question which arises in this second appeal by the defendants is whether as a result of a will made by deceased Gangaram, husband of the defendant No. 1, one Rupchand who was his nephew had acquired a vested interest as contemplated by section 119 of the Indian Succession Act. Admittedly, Gangaram had a brother by name Balaram. Balarani had three sons-Rodmal, Rupchand and Lalchand. Rodmal died in 1941 and defendant No.3 Godavaribai is his widow. Gangaram himself died on 10-2-1949, and Rupchand died on 14-8-1952. Defendant No.3 Godavaribai is said to be in possession of some of the suit property and defendant No.5 is the daughter of Godavaribai. Now, the will provided that after the death of testator Gangaram his widow Bhagiratbibai should enjoy the income from the suit property and she was expressly prohibited from alienating the suit property in any way. Tae further recitals in the will were that after the death of Bhagirathibai, the movable and immovable property mentioned in the will should be taken possession of by Rupchand son of Balaram, who is also described as the eldest son of Balaram, his brother. Rupchand was then a minor and his age is shown as 17 year













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