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Issues Involved:
1. Construction of the Will of Dr. N.S. Nanjundiah. 2. Determination of the date of vesting of the interest in the bequest. 3. Distinction between vested interest and contingent interest. 4. Entitlement of the appellant to the properties based on the vested or contingent nature of the bequest. Issue-wise Detailed Analysis: 1. Construction of the Will of Dr. N.S. Nanjundiah: The primary issue in this case revolves around the interpretation of the Will executed by Dr. N.S. Nanjundiah on March 13, 1935. The Will specified the immovable and movable properties in four groups listed in Schedules "A", "B", "C", and "D". The testator left his properties under the management of his wife, Smt. Nadiga Nanjamma, with restrictions on her power to dispose of them. The trial court decreed in favor of the appellant, granting her a 1/5 share of her deceased husband's interest in all properties. However, the High Court restricted her entitlement to properties in Schedule "C" only, leading to the current appeal. 2. Determination of the date of vesting of the interest in the bequest: The date of vesting is crucial to ascertain whether the appellant is entitled to her deceased husband's share in the properties. The trial court held that the succession opened upon the death of the testator, vesting equal shares in all sons. The High Court, however, ruled that the division was to occur after the death of Smt. Nadiga Nanjamma among her surviving children, and since the appellant's husband did not demand partition during his lifetime, she could not claim any right in Schedules "A", "B", and "D". 3. Distinction between vested interest and contingent interest: The judgment elaborates on the legal distinction between vested and contingent interests. A vested interest implies an immediate right of present enjoyment or a present right for future enjoyment, whereas a contingent interest depends on the occurrence of an uncertain event. Sections 19 and 21 of the Transfer of Property Act, 1882, and Sections 119 and 120 of the Indian Succession Act, 1925, were referenced to explain these concepts. The court emphasized that unless a contrary intention is clear, the presumption is in favor of early vesting. 4. Entitlement of the appellant to the properties based on the vested or contingent nature of the bequest: The Supreme Court analyzed the Will to determine the nature of the bequest. It found that the income from the properties was to be used for the maintenance of the legatees and their mother, indicating a vested interest. The court held that the bequest in favor of the sons was of a vested interest, which vested upon the testator's death. Consequently, the appellant, as the legal representative of her deceased husband, is entitled to claim his 1/5 share in the properties mentioned in Schedules "A", "B", and "D", in addition to the thrift deposits in Schedule "C". Conclusion: The appeal was allowed, and the High Court's judgment was set aside to the extent it denied the appellant a 1/5 share in the properties mentioned in Schedules "A", "B", and "D". The appellant was held entitled to her deceased husband's share in these properties as well as the thrift deposits in Schedule "C". There was no order as to costs.
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