MITHIBAI Vs. MEHERBAI

JUDGEMENT

(1.) One Jasvir Bhudar died in the mon May, 1893, leaving him surviving his widow Bai Divali as his only heir according to Hindu law. He left a will, dated the 2nd day of May 1893, whereof he appointed his widow, the said Bai Diwali, the sole executrix. Bai Divali proved the will and obtained probate thereof on the 11 November 1893, From the schedule to the petition for probate it appears that Jasvir Bhudar owned an immoveable property at Jambli Mohola and another immoveable property at Falkland Road, an outstanding debt of Rs. 36,000, stock-in-trade of the value of Rs. 2,000, and household furniture and apparel of a small value. After obtaining probate of the will, Bai Divali sold the property at Falkland Road to Ratanbai and conveyed the same to her by a conveyance dated the 2nd day of June 1894. On the 28 November 1898, Ratanbai conveyed to N.C. Shroff the said property. The defendants are the heirs and legal representatives of the said N.C. Shroff. Bai Diwali died on the 6th January 1917, and the plaintiff claiming to be the reversionary heir of Jasvir Bhudar has filed this suit, praying that it may be declared that Bai Divali only took a widow's estate under the will of her husband and that on the death of Bai Divali she became entitled to the said Falkland Road property and that the defendants should he ordered to deliver possession of the said property to the plaintiff.

(2.) On the evidence of the plaintiff I hold that she is the reversionary heir of Jasvir Bhudar.

(3.) The next question that arises is, what interest did Bat Divali take under the will of her husband? The clause in the will of Jasvir Bhudar whereby the residue is devised to Bai Divali runs as follows :- As to whatever surplus of my property may remain over after my deoease the (malik) owner thereof ia (shall be) my wife Divali. She shall during her life-time apply and spend the same in a good way. As to the surplus that may remain over after the performance of her that is to say my wife's Karaj Avasar (funeral and subsequent oeremonies) all that shall be used for good purpose. Except my executrix no one else nor my heirs or representative whatever shall have any right to or interest in my property.