IN THE HIGH COURT OF MARAS
K Sastry
Ganshamdoss Narayandoss
Versus
Saraswathi Bai
Decided On : 29 October, 1924
WILL - Property Dispute - Succession Act, Hindu Law - [MAIN LEGAL POINT]
Fact of the Case:
The suits relate to a property in Madras, with disputes arising from the will of Govindoss Ganshamdoss and the succession rights of his heirs. The plaintiff in C.S. No. 755 of 1920 claims the property belonged to Kaveri Bai, who died intestate, while the defendants assert her will bequeathed the property to them.
Finding of the Court:
The court found that Kaveri Bai left a valid will, granting her an absolute estate in the property. The court also held that the unprobated will could be used to defeat the plaintiff's claim to succeed as an heir under intestate succession.
Issues: The key issues included the validity of Kaveri Bai's will, the rights of the defendants under the will, the effect of unprobated will on the plaintiff's claim, and the impact of conversion to Islam on the defendants' rights.
Ratio Decidendi: The court determined that the unprobated will could be used to defeat the plaintiff's claim, and the conversion to Islam did not affect the defendants' rights to the property.
Final Decision: The court dismissed all three suits, with costs awarded to the defendants in each case.
Kumarswami Sastry, J.
1. These suits relate to house and ground No. 2/100 Perumal Mudali Street, Madras, described in the schedules to the plaint.
2. The following facts are not in dispute. One Govindoss Ganshamdoss had two wives. The first wife was Krishna Bai and the second wife was Ganga Bai. By Krishna Bai, he had a son Narayandoss and a daughter Kaveri Bai. Narayandoss had a son Ganshamdoss, who is the plaintiff in C.S. No. 755 of 1920. Kaveri Bai died issueless, in October 1908, and it is alleged that she left a will, dated 5th of April, 1908. By the second wife, Ganga Bai, Govindoss Ganshamdoss had three daughters, Saraswathi Bai, who died in 1923, Bhagirathi Bai who died in October, 1909, leaving a son Jamnadoss who is the plaintiff in O.S. Nos. 557 of 1921 and 290 of 1923 and Gulab Bai, who in a defendant in C.S. Nos. 755 of 1920 and 557 of 1921. Sarasvathi Bai, who was left a widow when she was quite young, subsequently became a convert to Mahomedanism and married a Mahomedan and died professing the Mahomedan religion in 1923. Gulab Bai, who also became a widow, when she was young, married a Mahomedan and is now professing the Mahomedan faith. Govindoss Ganshamdoss died on the 18th of December 1891, having left a will, of which probate was granted by the High Court. The will is filed as Ex. A. He appoints as executors his son Narayandoss and one Goverdhandoss. The material portions of the will run as follows;
3. My second wife Ganga Bayees pulla (or dowry) jewels worth about six thousand rupees are with mo. The documents of the house, Door No. 3 in Narayana Mudaly Street, which my wife purchased from Mundapathi Ramakrishniah are with Goverdhan Doss Jumna Doss. Krishna, Doss Vittal Does shall take those documents from Goverdhan Doss Jumna Doss. I delivered the above mentioned jewels to the aforesaid Krishan Doss Vittal Doss. My sons Narayana Doss and Goverdhan Doss Jumna Doss together shall within six months get proper prices for and sell the aforesaid jewels. Should these two persons fail to sell the same within the aforesaid six months, the aforesaid Krishna Doss Vittal Doss shall get good prices, according to the market rules and sell the same and shall with that money itself construct four separate houses, out of the house door No. 3 in Narayana Mudaly Street a ad give them to jay four daughters, after getting grants issued in their names. In case any of these four persons may, through want of money, wish to sell her share, any of the remaining daughters may then purchase the same. In case they may not consent to do so, she herself shall enjoy the same and shall not in the least sell it to others.
4. My deceased second wife Ganga Bayee has left four per cent, interest bonds for rupees 8,500 (in letters Rupees eight thousand and five hundred) with Goverdhan Doss Jumnadoss. Out of this, my son Narayana Doss shall receive Rs. 1,750 (in letters Rupees one thousand seven hundred and fifty) for expenses at the time of the marriage of my second wifes daughter Bhagirathi Bai. My son Narayana Doss shall receive Rs. 1,750 (in letters Rupees one thousand seven hundred and fifty) for expenses at the time of the marriage of my third daughter Goolab Bai. Out of the balance of Rs. 5,000 (in letters Rupees five thousand) one share shall be given to Sow. Saraswathi Bayee, out of the three daughters of my second wife, as soon as the 20th year of her age begins. The two other shares shall be given to the others, when the 20th year of their age begins, respectively by Goverdhan Doss Jumnadoss or his heirs. In case any of these may die by act of King or by act of God, a division shall be made between the survivors; out of the three girls, when occasions may arise for expenses for the aforesaid children, money shall be drawn for proper expenses from the interest on the bonds.
3. It is not disputed that according to the terms of this will, houses were built and given to each of the daughters Kaveri Bai, Sarasvathi Bai, Bhagirathi Bai
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