Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Will- res-judicata |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Will--Agreement by cousin of testator to make monthly payment to testator in consideration of giving him and his sons the remainder after life-estate to widow--Grant of letters of administration-Question of animus testandi-Whether res-judicata-Payments, whether condition precedent or mere consideration-Death of cousin before widow--Effect of. On the 7th January, 1904, G, a cousin of S, executed an agreement in favour of S, the material portion of which ran as follows: ''Whereas my cousin S has proposed to make a bequest of his taluka in favour of his wife and after her death in my favour and that of my sons...therefore by way of consideration for this concession and favour, I, the executant, out of my own free will do hereby execute this agreement in favour of my cousin aforesaid that in the month in which the said cousin may execute the said will in my favour and that of my sons and lays the same along with an application before the Deputy Commissioner, Sitapur district, for sanction of the Members of the Board of Revenue, I shall from the 1st date of the month following that month continue to pay the said cousin the sum of Rs. 50 in cash every month during this life so long as the said will remains in force....If I fail to perform the said contract the said cousin has power to have the same performed by me through the Court. This agreement was registered on the 11th January. On the 18th January, S submitted a draft will for sanction and the will as amended and sanctioned was executed on the 28th July, 1904. This will provided as follows: "after my death my wife for her lifetime shall remain in possession of my entire estate ...... without the power of any sort to transfer the said properties and rights, that on the death of the said wife all the aforesaid property and rights shall devolve on my cousin G with and proprietary powers and that on the death of G, the said entire property and rights shall devolve on X, Y, Z, sons of G, in the following shares .... "The will also provided for maintenance for the daughter, sister, aunt and mother of S. On the application of G's sons (G having died) letters of administration with the will annexed were granted to them by the Chief Court of Oudh and this decision was affirmed by the Privy Council on appeal in 1937. The heirs of S thereupon instituted a suit against the sons of G for a declaration that the will was inoperative and ineffectual and that G's sons had in any case no right to the properties of S, as S had no animus testandi and G had also failed to pay Rs. 50 to S as agreed. |
Judge | Hon'ble Mr. Justice Natwarlal Harilal Bhagwati |
Neutral Citation | 1953 INSC 7 |
Petitioner | Thakurain Raj Rani And Others |
Respondent | Thakur Dwarka Nath Singh And Others |
SCR | [1953] 1 S.C.R. 913 |
Judgement Date | 1953-01-23 |
Case Number | 153 |
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