Supreme Court · 2012 INSC 526 · Decided 21 November 2012
Mathai Samuel and ORS. v. Eapen Eapen (Dead) BY LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 526 · [2012] 10 S.C.R. 1098
- Case number
- CIVIL APPEAL No. 8197/2012
- Decided
- 21 November 2012
- Bench
- K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 122; Registration Act Section 17; Succession Act Section 2(h)
Headnote
Deeds and Documents - Testamentary disposition and settlement - Difference - Held: The real and the only reliable C test for the purpose of finding out whether a document · constitutes a Will or a gift is to find out as to what exactly is the disposition which the document has made, whether any interest in praesenti in favour of the settlees or it intended to transfer interest in favour of the settlees only D on the death of the sett/ors. Deeds and Documents - Composite document - Interpretation of - Held: The composite character of a document is to be examined and interpreted
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