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Clauses of the will to be read in its entirety

Raj Kumar Makkad ,
  11 November 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Will extracted of the Testatrix an absolute bequest as unequivocal- Whether there is any conflict between absolute bequest of the first part of clause 6 of the Will and the second part of the said clause?
Citation :
Sadaram Suryanarayana and Anr. v. Kalla Surya Kantham and Anr. (Decided on 22.10.2010) MANU/SC/0886/2010

That there is no real conflict between the absolute bequest which the first part of clause 6 of the Will makes and the second part of the said clause. It deals with devolution of what and if at all anything that remains in the hands of the legatees. The two parts of clause 6 operate in different spheres where the former one vesting absolute title upon the legatees with rights to sell, gift, mortgage etc. and the later one regulating devolution of what may escape such sale, gift or transfer. The latter part is redundant by reason of the fact that the same was repugnant to the clear intention of the Testatrix in making an absolute bequest in favour of daughters. It could be redundant also because the legatees exercised their rights of absolute ownership and sale thereby leaving nothing that could fall to the lot of the next generation females or otherwise. All the stipulation made in the second part of clause 6 did not in the least affect the legatees being the absolute owners of the property bequeathed to them. The corollary would be that upon their demise the estate owned by them would devolve by the ordinary law of succession on their heirs and not in terms of the Will executed by the Testatrix.

 
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Published in Civil Law
Views : 2087




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