Supreme Court · 2008 INSC 665 · Decided 14 May 2008

Shyamal Kanti Guha (D) Through LRS & ORS. v. Meena Bose

Court
Supreme Court of India
Citation
2008 INSC 665 · [2008] 8 S.C.R. 639
Case number
CIVIL APPEAL No. 3571/2008
Decided
14 May 2008
Bench
S.B. SINHA, LOKESHWAR SINGH PANTA (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Succession Act

Headnote

Will: .... Interpretation of - Suit for partition filed by sister of the testator for declaration of title in respect of 50% of the property c in question and for partition - Construing the Will particularly clauses (10) and (11) thereof, Courts below held that bequeath in favour of was absolute and . thus the suit should be decreed - On appeal, held: The testa- tor was of the opinion that the life interest should only be ere- D ated in favour of his sister-respondent - This, however, would not mean that the suit for partition was not maintainable - A suit for partition

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