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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