K SUBHADRAMMA Vs. P SAKUNTALLAMMA

JUDGEMENT

(1.) THE decision of this appeal depends solely on the construction of a Will (Ext. A)said to have been executed by one Raghabayya on 19-10-1947. The plaintiff appellant is Raghabayya's brother's daughter. By that Will Rag'habayya bequeathed the disputed properties to his wife's brother P. Subba Rao. It is admitted that the said Subba Rao obtained possession of the properties by virtue of the Will and, after his death, those were inherited by his son Appa Rao who however died on 6-1-1958 issueless --leaving a widcw Sakuntallamma, k. Subhadramma vs. P. Sakuntallamma and Ors. (09. 12. 1963 -ORIHC) Page 2 of 2 (defendant-respondent No. 1 ). The plaintiff's suit was based mainly on a clause in the Will which, translated in English, is as follows: "my nephew P. Subba Rao and his Purusha Santathis shall be the , claimants under this Will. "

(2.) ON behalf of the appellant-plaintiff, Mr. Ramdas urged that by this clause the line of succession was limited to the male heirs of the legatee of the testator and when the line became extinct the properties would go to the nearest heir of the testator. On behalf of defendant-respondent No. 1 it was urged by Mr. P. V. B. Rao relying on an earlier passage in the will --that it was an absolute bequest to subba Rao and the property will, on his death, devolve on his heirs according to hindu Law, and that any clause in the will referring to the Purusha Santatis of subba Rao claiming under the Will will be void as offending the principles of Hindu law arid laying down a new line of succession not authorised by law. He relied for this purpose on Ganesh Chander v. Lal Behari, AIR 1936 PC 318.

(3.) IN my opinion the contention of Mr. Rao must prevail. In the earlier portion of the Will the testator had made it absolutely clear that he bequeathed his estate to subba Rao as full owner, with a right of alienation and absolute enjoyment. Hence after Subba Rao's death the line of succession laid down by the Hindu Law must be followed and any clause in the Will restricting succession to the male heirs alone of the legatee Subba Rao must be held to be invalid.