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1971 Supreme(Mad) 788

M.M.ISMAIL
N. Radhakrishna Naidu and others – Appellant
Versus
S. Govindaswami Naidu and another – Respondent


Advocates:
R. Gopalaswami Ayyangar and M. Srini-vasan, for Appellant.
R. Kesava Ayyangar for K. Yanunan, for Respondent.

Judgment.- The question involved in this second appeal is the construction of a will executed by one Venugopala Naidu on 14th December, 1932, a registration copy of which has been marked as Exhibit A-1 in these proceedings. The said Venugopala Naidu had only a daughter by name Sethulakshmi Ammal and he had no son. However, he adopted one Narayanaswami Naidu as his son. Under the will, he gave one house to the adopted son and another house to the daughter Sethulakshmi Ammal. He also provided for his lands to be divided in the proportion of 2:1, the adopted son taking a two-third share and the daughter taking an one-third share; with regard to his movables also, he provided that they should be taken equally by the adopted son and the daughter. In clauses 4 and 5 of the will, he provided for the manner and the extent of the enjoyment of the properties by the daughter and what should happen to the same after her death. In clause 4, he provided that the daughter should enjoy the property without any right of alienation during her lifetime and if male children were born to her, they would take the property absolutely and without male children if she had a daughter, she should marry that
























































































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