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PATNA HIGH COURT
Reuben and V.Ramaswami JJ.
J.L.Quadros
Versus
Adeline Teresa Quardros
Letter Patent Appeal No. 15 of 1948 ;
Decided On : NOVEMBER 17, 1950
WILL - CONSTRUCTION - LIFE INTEREST TO MOTHER - DIRECTION TO SELL CERTAIN PROPERTIES AND DISTRIBUTE SALE PROCEEDS TO CHILDREN ON ATTAINING MAJORITY - WHETHER COURT CAN DIRECT SALE AND DISTRIBUTION DURING MOTHER'S LIFETIME - S. 301, SUCCESSION ACT.
Fact of the Case:
The testator, Mr. J. A. Quadros, executed a will in 1937, giving his mother, Mrs. J. L. Quadros, a life interest in all his immovable properties and directing that certain properties be sold and the sale proceeds be distributed among his eight children on their attaining majority. The executrix, Mrs. J. L. Quadros, contested the application by the respondent, one of the children, for a direction from the court to sell the properties and distribute the sale proceeds, arguing that she had a life interest in all the immovable properties and absolute discretion over their sale.
Finding of the Court:
The court held that the respondent was entitled to a direction from the court to sell the properties and distribute the sale proceeds, as the will did not create a clear intention to make the vesting of the children's shares contingent on their surviving both parents. The court also held that the application was maintainable under S. 301 of the Succession Act, as the administration of the estate was not complete since the direction in the will to sell the properties and distribute the sale proceeds had not been complied with.
Issues: 1. Whether the will created a life interest in all the immovable properties in favor of the mother, Mrs. J. L. Quadros, and gave her absolute discretion over their sale? 2. Whether the direction in the will to sell certain properties and distribute the sale proceeds to the children on their attaining majority was contingent on their surviving both parents? 3. Whether the application was maintainable under S. 301 of the Succession Act, given that the administration of the estate was not complete.
Ratio Decidendi: 1. The court applied the principle of construing a will as a whole and giving effect to all its provisions, reconciling any apparent contradictions. It held that the direction to sell the properties and distribute the sale proceeds to the children was not repugnant to the life interest granted to the mother, as the mother was entitled to the interest accruing from the sale proceeds during her lifetime. 2. The court applied the presumption in favor of a vested interest for children in construing a will or settlement that makes a provision for children subject to a prior life interest. It held that the children acquired a vested interest in their shares on attaining majority, irrespective of whether the mother was alive or not. 3. The court held that the application was maintainable under S. 301 of the Succession Act, as the administration of the estate was not complete since the direction in the will to sell the properties and distribute the sale proceeds had not been complied with.
Final Decision: The court dismissed the appeal and directed the executrix to sell the five specified properties within six months or within such further time as may be granted by the court.
RAMASWAMI, J.
1. The question to be decided in this appeal is whether upon the proper construction of a will executed by one Mr. J. A. Quadros on 20-2-1937, toe respondent is entitled to a direction from the Court that certain properties should be sold by the executrix & the respondent given her share out of the sale proceeds.
2. It is the admitted case that, on 20-2-1937, Mr. J. A. Quadros executed the will in question. Mrs. Adeline Reid is the third child of the testator & when the will was executed ,she was aged fourteen years. She has since married & has now two children, the elder of whom is seven years of age. On her behalf, it is alleged that Mrs. J. L. Quadros, who was the executrix appointed under the will, has not carried out the direction of the testator that certain properties should be converted into cash & one-eighth of the sum realised by the sale should be paid to each of his children on his or her attaining the age of twenty-one years. The executrix contested the application on the ground that the Court cannot direct a sale of the properties or distribution of the sale proceeds so long as she was alive. It was maintained that by the will the executrix was given a life interest in all the immovable properties left by the testator & she was given absolute discretion over the sale of the properties. Shearer, J., held upon the construction of the will that the respondent was entitled to a direction that the mauzas should be sold by the executrix & that she was entitled to a share of the sale proceeds. The learned Judge accordingly allowed the application.
3. The question at issue in this appeal depends upon the construction of the material terms of the will executed by Mr. J. A. Quadros. At the commencement of the will, the testator states:
"I give my mother Mrs. Julia L. Quadros a life interest in all my immovable properties including leasehold properties & investments."
There is a direction later on to the following effect:
"I also direct that (a) Tauzi No. 59, Mauza Rampur Taliqua, (b) Tauzi No. 59/29 Mauza Bhagwan-gama, Rampur Taliqua, (c) Tauzi No. 616, Mauza Bhikanpur, (d) Tauzi No. 4738, Mauza Moinuddin-chuk of which I am the sole proprietor, & also (e) Tauzi No. 4586, Mauza Nagar, Pargannah Colgon & (f) Tauzi No. 796 C, Mauza Lakhraj, Mauza Chicksi, Pargana Phulbari, Thana Paliganj, district Patna of which last two I am an 8 annas & five annas share-holder respectively be sold & the net sale proceeds be invested & form part of my estate along with the other monies & investments mentioned above except the sale proceeds of my share in Touzi No. 796-C Mauza Lakhraj; Mauza Chicksi; Parganah Phulbari; Thana Paliganj, District Patna; which I leave to my mother absolutely. That the remaining 8 annas share in Touzi No. 796-C Mauza Lakhraj, Mauza Chicksi, Pargana Phulbari; Thana Paliganj; District Patna is exclusively the property of my mother Mrs. Julia L. Quadros & the sale proceeds thereof shall be hers absolutely. That Tauzi No. 306-1 Mouzh Dadpur Pakuria Baurgaon be sold, and the sale proceeds thereof, I leave to my mother absolutely. On each of my eight children attaining majority, one-eighth of the sum realised by sale of these six mauzas shall be paid to her or him. The interest accruing from the said sale proceeds during my mothers life time shall be enjoyed by her exclusively."
On behalf of the appellant, Mr. R. S. Chatterji presented the argument that the will clearly provided that Mrs J.L.Quadros was to begranted a life interest in all the immovable properties & it was manifest that the intension of the testator was -to make Mrs. J. L. Quadros the karta of the family" & give her complete control over the provision for maintenance of the wife & children of Mr. Quadros. It was also contended that the disposition in favour of the children was merely contingent & cannot prevail over the definite direction in the will that the mother should be given a life interest in all the immovable properties. In
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