Supreme Court · 2008 INSC 1385 · Decided 2 December 2008

Narendra Gopal Vidyarthi v. Rajat Vidyarthi

Court
Supreme Court of India
Citation
2008 INSC 1385 · [2008] 16 S.C.R. 961
Case number
CIVIL APPEAL No. 7010/2008
Decided
2 December 2008
Bench
S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 100; Succession Act Section 74, 81, 82

Headnote

961 ,_1 NARENDRA GOPAL VIDYARTHI A v. RAJAT VIDYARTHI (Civil Appeal No. 7010 of 2008) DECEMBER 02, 2008 B [S.B. SINHA AND CYRIAC JOSEPH, JJ] f Indian Succession Act, 1925 - ss. 74, 81 and 82 - Will - Interpretation of - Held: Will is to be read as a whole - , Intention of testator must be benefit of his widowed daughter in law and her son - Order of High Court that by way of Will only limited interest bequeathed in favour of D beneficiary and his mother, not sustainable - From the Will 1 it can only be concluded that amount was set apart only for benefit of widow and her son - It

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