Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Law of Wills After her life-Time Principles of construction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Will- Construction- "Shall enjoy permanently and with absolute right'', "After her life-lime," .Meaning of Principles of construction. Mrs. Mary Magdelene Coelho executed on July 25, 1907, a will, cl. 3 (c) of which provided that "all kinds of movable properties that shall be in my possession and authority at the time of my death, i. e., all kinds of movable properties inclusive of the amounts that shall be got from others and the cash ; all these my eldest daughter Severina Sobina Coelho, shall, after my death, enjoy and after her life-time, her male children shall enjoy permanently and with absolute right." Mrs. Coelho died in February, 1946, and in September, 1946, a suit was filed for partition and separate possession by the widow and daughter of Denis-one of the sons of Severina. The contention of plaintiff• was that Severina acquired under the terms of cl. 3 (c) only a life-interest in the property and the remainder in absolute was conferred upon her male issues. The defendants maintained that cl. 3 (c) conferred on Severina an absolute interest in the property as a result of which the entire interest in the property and not merely her life interest passed under the Court auction and consequently the claim for partition must fail. The contention of the defendants was accepted by the trial court and the District Judge. However, the High Court held that Severina obtained only a life interest in the property covered by cl, 3 (c). The appellants came to this Court by special leave. The ·only point urged before this Court was that under cl. 3 (c), Severina got an absolute interest in the property and not merely a life interest. |
Judge | Hon'ble Mr. Justice N. Rajagopala Ayyangar |
Neutral Citation | 1963 INSC 81 |
Petitioner | Ramachandra Shenoy And Another. |
Respondent | Mrs. Hilda Brite And Others |
SCR | [1964] 2 S.C.R. 722 |
Judgement Date | 1963-04-01 |
Case Number | 452 |
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