Any surviving male or female who would have been a heir of the last absolute owner had he been alive at that time was called a reversioner, who was entitled to succeed the property after the death of the limited owner (widow).
Image Source: s-media-cache-ak0.pinimg.com
Presumptive and Remote Reversioners:
Those reversioners who were entitled to succeed immediately after the (widow) limited owner died were the next or presumptive reversioners and those who were to succeed other than were referred to as remote or contingent reversioners.
ADVERTISEMENTS:
No privity of estate was required to be present between these two types of reversioners.
Nature of the Reversioners Interest:
So long as the limited owner is alive, none of the reversioners have any vested interest in the estate. It cannot be said that any of the reversioners have personal or individual tangible right over any specified part of the property. Reversioners interest is expectant on the death of the limited owner. In this way it is spas successionis within the meaning of Section 6 of Transfer of Property Act.
Rights of Reversioners:
Reversioners had the following rights during the lifetime of limited owner—
(i) A suit could be brought by them to restrain the limited owner from making an improper disposition.
ADVERTISEMENTS:
(ii) A declaration could be given by them that any alienation made by the limited owner was not valid after the lifetime of the limited owner.
(iii) If any grant by will was prejudicial to the interest of the reversioners, then he could oppose the grant of probate,
(iv) Where a widow claimed to be absolute owner of the woman’s estate, reversioners could declare or file a suit for declaration that she was only a limited owner of the estate.
(v) A suit could also be filed by them against the trespassers of the woman’s estate or a suit could also be filed against the persons claiming adverse possession for the declaration to the effect that such possession was not binding upon them.
ADVERTISEMENTS:
However a reversioner could not institute a suit for a declaration that he was the next reversioner during the lifetime of the widow.