Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Deeds and Documents |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Deeds and Documents:Will-Construing of-Wife bequeathing self acquired property to herhusband and after his death to her three minor nephews as the couple had noissue-It was specifically mentioned that after the death of husband, hisrelations would have no right to the estate-After death of the testator andsoon after the death of her husband, brother of husband and his childrencome in possession of the property and filed an injunction suit which endedin compromise between the plaintiffs and father of the minors-later the threenephews of the testator claiming their right through will filed another suitstating that the compromise was obtained by undue influence, coercion andmisrepresentation-The trial Judge though accepted the claim that compromisedecree was vitiated by coercion and misrepresentation, but held that in viewof s. 124 of Indian Succession Act, the husband of testator succeeded as fit!/owner of the property and as such the plaintiffs were not entitled to theproperty~Held, the intention of the testator should be given the primaryimportance and courts should construe the words in the background of theintended meaning which the testator himself desired to ascribe to the wordsused-The intention of the testator in respect of what has been bequeathed infavour of the husband of the testator is only a limited life interest, is madeclear in the will-Reasons also have been assigned in the will itself as to whythe three minor children have been chosen for being given the ultimate andabsolute rights after the death of her husband-In addition to all this, thereis a specific clause which in unmistakable terms stipulates that "'the relationsof my husband have no right to this estate nor there will be any in future "-Thus the testament cannot be construed to bequeath the property absolutelyin /avow· of the husband and placing such a construction would amount to notonly re-writing the several clauses in the will but would constitute violence tothe language and further defeat the very intention of the testator- On goingthrough the recitals in the will, the only possible and reasonable constructionthat could be placed on the will by giving full effect to the intention of thetestator as found expressed in all relevant portions of the will would be toconstrue the bequest made in favour of her husband as one for life interestand remainder bequeathed absolutely in favour of the three minors after thelife time of her husband-The provisions of s. 124 will have no relevance tothe case on hand and on the very construction of the will, the claim of theappellants is upheld. |
Judge | N/A |
Neutral Citation | 2003 INSC 221 |
Petitioner | Arunkumar And Anr. |
Respondent | Shriniwas And Ors. |
SCR | [2003] 3 S.C.R. 453 |
Judgement Date | 2003-04-08 |
Case Number | 9961-9962 |
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