MUKESH KUMAR GUPTA Vs. SMT PRABHA VAITHIYANATHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 8th January, 2008 passed by the learned single Judge dismissing FAO No. 7/2008 filed by the appellant.

(2.) The facts leading to the appeal are as follows:

(3.) Learned Counsel appearing for the appellant contended that the fact that the beneficiary did not accept the bequest made under the Will is not sufficient to attract the provisions of Section 105 of the Indian Succession Act, 1925. He submitted that the view taken by the Trial Court which has been confirmed by the learned single Judge that the testament made by the testator would lapse when the beneficiary renounces or declines to accept the benefit under the same and the same makes the Will so executed incapable of taking effect, amounts to adding the words to Section 105 of the Act. He also submitted that in the present case Section 29 of the Hindu Succession Act of 1956 would be attracted as the testator had not left any heir qualified to succeed the estate. According to him since the testator had disinherited the first respondent from his estate under the Will dated 2nd December, 1992, she must be deemed to be disqualified to receive the estate and the estate is liable to be escheated to the State.