Vested remainder — Effect of death of remainderman before possession. Where vested rights are created under a settlement deed, death of the vested remainderman prior to obtaining possession does not defeat the vested right. Such vested rights devolve upon the legal heirs of the deceased remainderman and enjoyment alone stands postponed till termination of the life estate. (Paras 43–46)

advocatemmmohan

Civil Procedure Code, 1908 — Section 96 — First appeal — Scope.
First appeal is a continuation of the suit and ordinarily empowers the appellate Court to re-appreciate evidence and law. However, where findings of fact and law recorded by the trial Court have not been challenged by way of appeal or cross-objections by the concerned parties, such findings attain finality and cannot be reopened indirectly at the stage of appeal by respondents seeking larger relief without filing cross-appeal or cross-objections. (Paras 49–53)

Transfer of Property — Settlement deed — Life estate with vested remainder.
Where a settlement deed confers only a life interest on one person without power of alienation and vests remainder rights in favour of others, the life estate holder cannot convey or relinquish any right beyond the limited interest held by her. A relinquishment deed executed by such a limited owner is invalid and does not affect vested remaindermen. (Paras 42–46)

Vested remainder — Effect of death of remainderman before possession.
Where vested rights are created under a settlement deed, death of the vested remainderman prior to obtaining possession does not defeat the vested right. Such vested rights devolve upon the legal heirs of the deceased remainderman and enjoyment alone stands postponed till termination of the life estate. (Paras 43–46)

Indian Succession Act, 1925 — Section 63 — Evidence Act, 1872 — Section 68 — Proof of Will.
A Will, even if registered, must be proved strictly in accordance with Section 63 of the Indian Succession Act read with Section 68 of the Evidence Act. Where the scribe and both attesting witnesses are examined and they consistently depose regarding execution, attestation, and acknowledgment by the testatrix, and no suspicious circumstances are shown, the Will stands duly proved. (Paras 35–39)

Presumption of marriage — Long cohabitation.
Where evidence establishes long cohabitation as husband and wife, a strong presumption arises in favour of a valid marriage. Such presumption can be displaced only by cogent and unimpeachable evidence. Mere denial or suspicion is insufficient. Finding of valid marriage upheld. (Paras 25–27, 31–33)
Relied on: Chowdamma (D) by LRs v. Venkatappa (D) by LRs

Hindu Succession Act, 1956 — Intestate succession.
Upon death of a vested remainderman intestate, his widow, children and mother succeed as Class-I heirs. Shares are to be determined accordingly and cannot be defeated by any act of a life estate holder lacking absolute ownership. (Para 56)

Order XLI Rule 33 CPC — Discretion of appellate Court.
Though Order XLI Rule 33 confers wide powers on the appellate Court, such power cannot be exercised to grant relief to a respondent who has consciously accepted adverse findings and failed to file appeal or cross-objections, especially after prolonged lapse of time. (Paras 49–53)

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RESULT

Both Appeal Suit Nos. 804 and 820 of 2002 were dismissed. The common judgment and decree dated 09.09.1998 passed by the trial Court were affirmed. Parties were directed to bear their own costs.