AKHOY KUMAR GHOSE Vs. INDIRA RANI GHOSE

JUDGEMENT

(1.) Romanath Ghose who was a Hindu inhabitant of Calcutta died on 26 July 1904 leaving him surviving his widow Sreemuty Soudaminey Dassea and two sons named Sidheswar and Akhoy. He left a will executed by him on 30 October 1903 by which after giving certain pecuniary legacies and annuities, he devised and bequeathed the whole of his estate to his sons who were then infants. Probate of the will was taken out on 17 August 1904. The elder son Sidheswar after attaining majority applied for and obtained letters of administration de- bonis-non.

(2.) Sidheswar died on 13 February 1930 leaving him surviving his widow the plaintiff Sreemuty Indira Kanee and a daughter. Thereafter the younger son Akhoy, who had meanwhile attained majority obtained on 30 May 1930 representation to the estate of the said Romanath Ghose. On 3 July 1930, the present action was started by the plaintiff Sreemuty Indira Rani in which she contended that in the events that have happened and on a true construction of the will of the said testator, the share which her husband Sidheswar had in the said estate had devolved upon her and that she as his heiress was entitled thereto.

(3.) The clause in the will of the said testator relied upon by the plaintiff is as follows: Subject to the payments of the legacies and annuities aforesaid (the latter unless otherwise expressly provided being payable during the terms of the natural lives of the annuitants) as well as to the provisions hereinbefore mentioned, I devise and bequeath the whole of my estate real or personal of any kind or description whatsoever and wheresoever situate to my said executors and trustees in trust for such of my sons as shall be living at my death or coma into existence within twelve months after my death and also for the son or sons of such of my sons as shall then be dead (such son or sons taking the share which their or his father would have taken hereunder had they or he been then alive) provided the said sons or sons sons shall be orthodox Hindus of good repute equally as tenants-in-common and the said sons or sons of my sons taking equally per stripes as tenants in- common, but nevertheless in the event of my sons or sons sons dying without leaving lineal male issue him surviving the other of my son or sons or sons, sons living at the time shall be equally entitled to his or their share of the property as he or they would inherit under the Hindu law, but should I die without lineal male descendants the son or sons to be adopted by my wife shall inherit the whole of my residuary estate but he shall not be put in possession until he attains the age of twenty-one years and should any of my heirs or residuary legatees cease to be orthodox Hindus of good repute he shall forfeit a moiety of his share which shall go to my other qualified heirs according to their respective shares.