Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tamil Nadu Hindu Religious and Charitable Endowments Act 1959 - s.108 - Bar under |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 - s.108 - Bar under - Bar with regard to suit or other legal proceeding is in respect of the administration or management of a religious institution - There is no case set up by the appellant that suit filed by the plaintiff related to a religious institution, as contemplated by 1959 Act - Therefore, suit filed by the plaintiff was not barred u/s. 108 of the Act Will - Joint or Joint and Mutual Will - In the instant case, challenge was to the character of Will whether it was joint or joint and mutual will - Reading of the Will in its entirety showed that the testator and testatrix who were husband and wife had agreed to devote their properties for carrying out charities - Will clearly specified their intention to give property into charities and specified the list of charities and the committee of three persons who was to perform the charities - The element of mutuality was clearly found in the Will - Therefore, the Will was joint and mutual Will and not mere joint Will. Will - General principles of construction of Will - Discussed In the instant case, testator and testatrix were husband and wife - 'The Will provided that on the death of any of the spouse, survivor shall enjoy the entire properties absolutely with all the rights - "absolutely with all the rights"- Interpretation of - Held: The intention in testamentary disposition has to be primarily found out from the actual words used in the Will - The court is not entitled to ignore clear words or add something of its own or dilute the meaning of any clear word used in the Will - In the instant case, the Will clearly intended that survivor shall have absolute right to the properties and after his/her death, the charity shall be carried out. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 221 |
Petitioner | Dr. K. S. Palanisami (dead) Through Lrs. |
Respondent | Hindu Community In General And Citizens Of Gobichettipalayam And Others |
SCR | [2017] 4 S.C.R. 511 |
Judgement Date | 2017-03-09 |
Case Number | 5924 |
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