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2001 Supreme(SC) 664

A.P.MISRA, UMESH C.BANERJEE
Muninanjappa – Appellant
Versus
P. Manual – Respondent


JUDGMENT

Misra, J.- In spite of expertise in drafting a Will, the testators infusing his intentions in it, the struggle for a claim under it remained unabated, the tug of war between the two claimants under it has been the cause of issue before the courts from its very inception. The strong desire to succeed, even for wrongful claims, has led such claimants to split and interpret, even simple words and clear intentions into two possible interpretations. That is why court has to exercise and interpret a Will with circumspection and caution in order to give thrust to the true intentions of a testator.

2. This appeal also raises similar question of the interpretation of a Will and consequently the right of a widow of a benefactor under the Will. The questions raised are:

(a) Whether the right given to Guruswamy, the benefactor under the Will dated 1st June, 1942 was a limited right.

(b) If Guruswamy had a limited right, whether his widow Sevamma could get absolute right under Section 14(1) of the Hindu Succession Act, 1956 to execute the impugned sale deed in favour of respondent Nos. 1 and 2.

3. In order to appreciate the controversies and to answer th






































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