Srinivas Krishnarao Kango v Narayan Devji Kango
Rule established
Condition of survivorship creates contingent interest; if transferee predeceases, interest fails
Facts
- Bequest was "to A if A survives me"
- A predeceased the testator
- A's heirs claimed the bequest should pass to them
Issue
- Whether a bequest "to A if A survives me" creates a vested or contingent interest.
Held
- The interest is contingent. The condition "if A survives" introduces genuine uncertainty. Since A predeceased the testator, the contingency was never fulfilled. The interest failed and did not pass to A's heirs.
Ratio Decidendi
Survival is an uncertain event (A may predecease). S.21 applies: interest dependent on an uncertain event is contingent. If the event does not occur (A dies first), the interest never vests and cannot pass to heirs.
How to use it in an exam
Primary authority distinguishing vested from contingent interests. Cite for survivorship conditions. Key line: "Where survival is a condition, the interest is contingent until the event of survival occurs."
Source
Source: AIR 1954 Supreme Court 379
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.
Cited in study notes
Vested Interest and Contingent InterestS.21: contingent interest; survivorship condition