https://www.taxtmi.com/caselaws?id=312450 The expression "my heirs" in Clause 5 of the Will was construed in its ordinary legal sense and did not create an artificial class of residuary legatees; it referred to the testator's legal heirs under intestate succession. Where devolution depended on the life tenant dying without male issue, the heirs were to be ascertained when that contingency occurred, not at the testator's death. Succession then had to be worked out under the Hindu Succession Act, 1956, so the widow of the predeceased son and the branches of the other sons took as Class I heirs. The appellant was accordingly entitled to one-third share in the suit property. en-us Mon, 16 Apr 1979 00:00:00 +0530 Fri, 01 Mar 2024 18:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312450 The expression "my heirs" in Clause 5 of the Will was construed in its ordinary legal sense and did not create an artificial class of residuary legatees; it referred to the testator's legal heirs under intestate succession. Where devolution depended on the life tenant dying without male issue, the heirs were to be ascertained when that contingency occurred, not at the testator's death. Succession then had to be worked out under the Hindu Succession Act, 1956, so the widow of the predeceased son and the branches of the other sons took as Class I heirs. The appellant was accordingly entitled to one-third share in the suit property. Case-Laws Indian Laws Mon, 16 Apr 1979 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312450