Interpretation
muthusamy
(Querist) 24 January 2010
This query is : Resolved
What is "interpretation". How to get it from high court?
There is a case pending in high court.
The verdict, I hope depends only upon the interpretation to certain wordings in my father,s will.
In the will, he has stated that the properties ( would be self acquired} that he may buy in future will devolve upon only his son,s of his second wife.
The lower court raised a question that how the testator can write about the properties which he has not at hand at the time of writting the will.
When I asked the same with the learned lawerclub , I got answers for and against this.
One of my friend suggested that there is a dealing called "interpretation" and any one can get it from the court.
Kindly advise me how to get interpretation.
After hearing from the learned lawers, I want to proceed further. Thanking you in anticipation.
N RAMESH.
(Expert) 24 January 2010
You have been wrongly informed.
There is no separate procedure for getting interpretation.
Nor One can get "interpretation" alone without any adjudication.
"Interpretation" is nothing but finding true meaning of a term/word in a deed/statute, when the meaning of the term/word is ambiguous. The deeds or statutes are interpreted by the courts to solve the dispute and to adjudicate the matter.
You said your case is pending before high Court. While deciding you case, Court will interpret the terms of WILL to adjudicate the dispute, if necessary.
In my opinion, there is no ambiguity in the Will (as you have explained) and there fore it does not depends on interpretation, but it is a question of law.
Question of law is that whether a testator can execute a will in respect of properties which he may acquire in future.
B K Raghavendra Rao
(Expert) 24 January 2010
Question of interpretation arises only when there is an ambiguity in the expression of a Will. If the expression gives raise to two or more possibilities adverse to one another, only then there shall be a necessity for interpretation. Here, in this case, the expression is very clear and cake-cut. The testator has expressed his will very clearly that properties purchased by him future would go to the sons of his second wife. Here, future refers future of the date on which the will was executed. There is no question of interpretation in your case.
Guest
(Expert) 30 January 2010
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