Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Defeasance clause Construction of will |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Succession Act, 1925 (39 of 1925) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | WILL:Construction of will - Defeasance clause in the will - Effect of- Testator bequeathing all his properties to his grand- daughter by a will - Further clause in the will that if his daughter did not take a son in adoption and if that son did not marry his grand-daughter, then he intended to give 1/3 share in the property to his daughter and son-in-law together. Held: The will must be read and construed as a whole to gather the intention of the testator and the endeavor of the court must be to give effect to each and every disposition - In ordinary circumstances, ordinary words must bear their ordinary construction and every disposition of the testator contained in will should be given effect to, as far as possible consistent with the testator's desire - The legacy vested in the grand-daughter, albeit, defeasibly to the extent of 113 share upon happening of any of the events mentioned in the will . The clause in the will is not a repugnant condition that invalidates the will, but a defeasance provision - Hindu Wills Act, 1870 - s. 2 - lndian Succession Act, 1865 - Indian Succession Act, 1925 - ss. 57(a), (b), 147 and 74 to 111.WILLWill in favour of minor - Obligation cast upon the guardian/executor - Failure to perform the obligation - Effect of - Explained. |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2011 INSC 254 |
Petitioner | Siddamurthy Jayarami Reddy (d) By Lrs. |
Respondent | Godi Jaya Rami Reddy & Anr. |
SCR | [2011] 4 S.C.R. 176 |
Judgement Date | 2011-04-01 |
Case Number | 2916 |
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