A vested interest in a legacy is created under section 119 of the Indian Succession Act, 1925, when the legatee is not entitled to immediate possession of the thing bequeathed, and such interest passes to the legatee's representatives if the legatee dies before receiving the legacy.

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 years and his guardian is shown as the testator himself, under the will. The will thus provided that Rupchand alone should enjoy the property as absolute owner and that nobody else had any right whatsoever in respect of that property. Now, the present plaintiff Lalchand is Rupchand's brother, and the immediate occasion for the suit appeared to be an adoption of Ramesh as a son by Bhagirathibai. Since Rupchand died on 14-8-1952 and Bhagirathibai was alive and Lalchand apprehended that he would be deprived of the suit property as an heir of Rupchand he brought a suit for a declaration that on the death of testator Gangaram on 10-2-1949, the legatee Rupchand acquired a vested right or interest in the suit property under the will dated 19-2-1948 and further that the plaintiffs had now acquired that right as a legal representative of Rupchand. This suit was contested by the defendants Nos. 1 and 2 alone The only defence was that the plaintiff had not stepped into the shoes of his elder brother Rupchand.

2. On a construction of the will and on the provisions or section 119 of the Indian Succession Act, the trial Court held that Rupchand had acquired a vested interest and that the plaintiff would succeed to that interest after the death of Bhagirathibai. A declaration was accordingly made in favour of the plaintiff. An appeal filed by Bhagirathibai and Ramesh against the judgment of the trial Court was dismissed by the Extra Assistant Judge, Akola, who also held that Rupchand got a vested interest in the property on the death of testator Gangaram and this vested interest passed to the heirs of Rupchand since he had died without having received the legacy.

3. In this second appeal filed by Bhagirathibhai and her adopted son, it is contended by Mr. N. K. Kherdekar that the interest of Rupchand was to have vested in him only after Bhagirathibai's death, and since Rupchand predeceased Bhagirathibai, there was no occasion for any interest to vest in Rupchand, with the result that there was nothing which could be transmitte to the legal representatives of Rupchand. It is also urged that on a proper construction of the will, it was clear that the testator intended that no person other than Rupchand was to enjoy the property of the testator and, therefore, the present plaintiff could not claim any property contrary to the directions in the will. The decision of this appeal turns mainly on the question whether the recitals in the will created a vested interest in favour of Rupchand. There is no ambiguity about the recitals in the will which show that initially Bhagirathibai was to enjoy the property during her lifetime with no power to alienate the property and the property was to pen after her death to Rupchand for all time, to come and he was alone to enjoy to enjoy t

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