Supreme Court · 2010 INSC 436 · Decided 27 July 2010
Ittianam and ORS. v. Cherichi @ Padmini
- Court
- Supreme Court of India
- Citation
- 2010 INSC 436 · [2010] 8 S.C.R. 1135
- Case number
- CIVIL APPEAL No. 7226/2002
- Decided
- 27 July 2010
- Bench
- G.S. SINGHVI, A.K. GANGULY (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Registration Act Section 47; Succession Act Section 90, 278
Headnote
Succession Act, 1925 - s. 90 - Effect of; on interpretatiort A B of the Will - Held: In absence of a contrary intention in the Will, the description of the properties in the Will would be C deemed to refer to and include the property answering that description at the death of the testator - The date of the testator's death - English Wills Act (U.K) - s.24. Will - Statutory presumption against intestacy - Held: While construing a Will, the Court should lean against any intestacy - However, the presumption against intestacy cannot be raised ignoring the intention in the Will. D
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