Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Partition of property Permissibility Family settlement |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Family dispute:Partition of property - Family settlement - Permissibility Held: Both.the brothers declare each other to be owners of the property having equal share therein - Arrangement between them by way of family settlement is permissible in law. Family settlement - Interpretation of - Held: Technicalities in interpretation should not be insisted upon - If family settlement in relation to property was possible, doctrine of arm chair rule of construction was applicable - Doctrine of arm chair rule. Succession Act, 1925:ss. 7 4 and 82 - Will - Construction of - Held: Will should be read as a whole and the surrounding circumstances may be given effect to for the purpose of ascertaining intention of F testator from words used and the surrounding circumstances where for the Court will put itself in the armchair of the testator - Will. 'M', the testator and 'G' were brothers. The property in question was in the name of 'M'. A double storeyed building and a barsati were constructed thereon, which were subject matter of the Will executed by 'M'. Appellant is one of the heirs and LRs. of the testator. He filed partition suit and a preliminary decree was passed on the premise that the tenor of the Will suggested that the property was to be divided equitably between the heirs of testator and of the other brother. High Court upheld the order of lower Court. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 262 |
Petitioner | Bhagwan Kr I Shan Gupta |
Respondent | Prabha Gupta & Ors. |
SCR | [2009] 3 S.C.R. 393 |
Judgement Date | 2009-02-25 |
Case Number | 1186 |
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