Interpretation Of Will: Subsequent Clause Taking Away A Bequest Invalid If There Is Absolute Bequest By Previous Clause: Kerala HC [Read Judgment]
7 years ago

Interpretation Of Will: Subsequent Clause Taking Away A Bequest Invalid If There Is Absolute Bequest By Previous Clause: Kerala HC [Read Judgment]

Live Law  

A clause in a Will absolutely bequeathed property to a person. The court noted that there was absolute bequest in the first part, and hence subsequent disposition in Ext.A1 Will altering the bequest in favour of the plaintiffs on the first defendant dying issueless is liable to be ignored as having no validity in the eye of law. The contingency of the first defendant dying issueless was not treated by the Court as a ‘defeasance clause’, which can defeat the vesting of title on him. The intention of the testator was obviously to maintain an absolute state in favour of the first defendant with power to encumber or alienate the property and hence not a defeasance clause. But, the last clause in the Will spoke of subsequent divestiture of the property after the bequest in favour of the first defendant and was liable to be ignored.

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History of this topic

Probate Not Necessary For Wills Executed By Indian Christians And Muhammadans After State Amendment To Indian Succession Act: Kerala HC
2 months, 2 weeks ago

Probate Not Necessary For Wills Executed By Indian Christians And Muhammadans After State Amendment To Indian Succession Act: Kerala HC

Live Law  

The Kerala High Court on Monday reiterated that in light of the State amendment made to Section 213 of the Indian Succession Act, a person nominated as an executor can establish their right over wills made by Muhammadans or Indian Christians without obtaining a probate. However, the State amendment to the Act which came into force in 1997 inserted that …

Muslim Person's Power To Dispose Property By Will Limited For Benefit Of Heirs: Kerala High Court Explains Scope
1 year, 4 months ago

Muslim Person's Power To Dispose Property By Will Limited For Benefit Of Heirs: Kerala High Court Explains Scope

Live Law  

The Kerala High Court recently pondered upon the question as to how far a Muslim could dispose of their properties by Will. Interpreting Paragraphs 117 and 118 of the Mulla’s Principles of Mahomedan Law, which provides for 'Bequests to Heirs' and 'Limit of Testamentary Power' respectively, the Single Judge Bench of Justice A. Badharudeen explained that, ".the power of a …

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XI]
1 year, 8 months ago

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XI]

Live Law  

Q.51 What are the modes of revocation of an unprivileged Will or codicil? Section 70 of the Indian Succession Act deals with the revocation of unprivileged Will or codicil. The said Section reads as follows:- “70: Revocation of unprivileged Will or co dicil No unprivileged Will or codicil, nor any part thereof, shall be revoked otherwise than by marriage, or …

Proof Of Will : Onus Is On The Propounder To Remove Suspicious Circumstances : Kerala High Court
3 years ago

Proof Of Will : Onus Is On The Propounder To Remove Suspicious Circumstances : Kerala High Court

Live Law  

The Kerala High Court has recently ruled that if there exist suspicious circumstances surrounding the execution of the will, it is the onus of the propounder to remove all those reasonable doubts in the matter and the test to be applied in this connection is satisfaction of judicial conscience.A Division Bench of Justice P.B. The Kerala High Court has recently …

Breaking: Priests/Nuns Too Have Rights Of Intestate/ Testamentary Succession Of Property : Kerala HC [Read Judgment]
7 years, 9 months ago

Breaking: Priests/Nuns Too Have Rights Of Intestate/ Testamentary Succession Of Property : Kerala HC [Read Judgment]

Live Law  

A division bench of the Kerala High Court, presided by Justice V Chithambaresh and Justice K Ramakrishnan, on Wednesday ruled that a person cannot be denied his/her property rights on the mere fact of being a priest or nun.“There is absolutely no statutory prohibition for a Christian priest or nun in the matter of intestate or testamentary succession of property …

Subsequent Bequest In Will Void If Absolute Bequest Has Been Made In Same Will: SC [Read Judgment]
8 years, 4 months ago

Subsequent Bequest In Will Void If Absolute Bequest Has Been Made In Same Will: SC [Read Judgment]

Live Law  

The Supreme Court in Madhuri Ghosh vs. Debobroto Dutta, has reiterated the legal position that where an absolute bequest has been made in respect of certain property to certain persons in a Will, then a subsequent bequest made qua the same property later in the same Will to other persons will be of no effect.In his Will, the testator had …

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