Supreme Court · 1961 INSC 59 · Decided 23 February 1961

State of Jammu Kashmir v. Mir Gulam Rasul

Court
Supreme Court of India
Citation
1961 INSC 59 · [1961] 3 S.C.R. 969
Case number
CIVIL APPEAL No. 31/1957
Decided
23 February 1961
Bench
P.B. GAJENDRAGADKAR, A.K. SARKAR, K.N. WANCHOO, K.C. DAS GUPTA, N. RAJAGOPALA AYYANGAR (5-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 32(2A)

Headnote

SUPREME COURT REPORTS 969 at the time of the de'.l.th of the testator and not later 1961 and that the appellant would get an interest under Kastud cl. 12 only if the widow of the testator pre.deceased v. the testator and there is no adoption by the testator Ponnammal before his death. If the appellant's rights are provided for by cl. 11 alone, and those rights cannot come into existence unless and until he is adopted by respondent 1. On that view there is a possibility of intestacy and there is postponement of vesting; but that cannot be avoided. That is the view taken

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