Vested interest under a will was upheld where beneficial rights arose on death despite postponed enjoyment.

A will was construed to determine whether the sons took a vested interest on the testator's death or only a contingent interest after the widow's death. Reading the instrument as a whole, and applying the statutory distinction between vested and contingent interests under the Transfer of Property Act and the Indian Succession Act, the disposition was treated as creating immediate beneficial rights in favour of the sons from the testator's death. Postponement of enjoyment and partition of some properties until majority or the widow's death did not defer vesting, and the direction to use income for maintenance reinforced that conclusion. The bequest was therefore held to be vested on the testator's death.

---

---

Issues: Whether the bequest under the will created a vested interest in favour of the testator's sons on his death, or only a contingent interest to vest after the death of the widow.

Analysis: The will was read as a whole, together with the surrounding circumstances and the statutory distinction between vested and contingent interests under Section 19 and Section 21 of the Transfer of Property Act, 1882 and Section 119 and Section 120 of the Indian Succession Act, 1925. The disposition showed that the sons were given beneficial interests in the properties from the testator's death, while enjoyment and partition of some properties were postponed until majority or the widow's death. The income from the properties was also directed to be used for the sons' maintenance and other needs, which supported vested rather than contingent vesting. The words used in the will did not disclose a clear contrary intention sufficient to defer vesting until the widow's death.

Conclusion: The bequest was held to be vested on the testator's death, and the appellant, as legal representative of her deceased husband, was entitled to his one-fifth share in the relevant properties.

---