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1984 Supreme(P&H) 128

G.C.MITTAL
Shanti – Appellant
Versus
Bhagwani – Respondent


Judgment

1. Whether the words any child used in Section 109 of the Indian Succession Act, 1925 means "one child only" or it can mean "children" also, as the case may be, is the main point involved in this second appeal.

2. Raghunath had a wife, two sons and five daughters. He executed a will in favour of his sons Ishwar and Ram Kishan. Ram Kishan predeceased his father leaving his widow and a daughter. In 1977 Raghunath died. The widow, four daughters and children of 5th daughter of Raghunath filed the present suit to claim succession to the half share of the estate on the basis that since Ram Kishan legatee predeceased the testator that half share reverted to the estate of Raghunath under Section 107 of the Indian Succession Act, 1925 (hereinafter referred to as the Act ) and, therefore, they were entitled to share in that half share in accordance with the Hindu Succession Act, 1956. The widow and daughter of Ram Kishan contested the suit and pleaded that Section 109 of the Act applicable and not Section 107 of the Act. On this basis it was pleaded by them that the bequest made to Ram Kishan did not lapse and by fiction of the same took effect as if the death of legatee happened im










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