Supreme Court · 2009 INSC 262 · Decided 25 February 2009
Bhagwan KR I Shan Gupta v. Prabha Gupta & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 262 · [2009] 3 S.C.R. 393
- Case number
- CIVIL APPEAL No. 1186/2009
- Decided
- 25 February 2009
- Bench
- S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Succession Act Section 7, 74, 82
Headnote
Family dispute: A B Partition of property - Family settlement - Permissibility c - Held: Both.the brothers declare each other to be owners of the property having equal share therein - Arrangement between them by way of family settlement is permissible in law. Family settlement - Interpretation of should not be insisted upon - If family settlement in relation to property was possible, doctrine of arm chair rule of construction was applicable - Doctrine of arm chair rule. Succession Act, 1925: ss. 7 4 and 82 - Will - Construction of - Held: Will should be read as a whole and the
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