1975 (12) TMI 172 - SC - Indian Laws

Summary

Issues Involved:
1. Construction of the will executed by Bhola Chaubey.
2. Determination of the nature of the estate conferred on Smt. Jarian.
3. Validity of the gift deed and will executed by Smt. Jarian in favor of the appellant.

Summary:

1. Construction of the Will:
This appeal raises an important question regarding the construction of a will executed by Bhola Chaubey, who was governed by the Mitakshra School of Hindu Law. The will was executed on September 21, 1916, and the testator died in 1918. The respondent, Gokul, claimed absolute ownership of the property under the will, while the appellant contended that the will conferred an absolute estate on Smt. Jarian, the testator's wife.

2. Nature of the Estate Conferred on Smt. Jarian:
The appellant argued that the term "malik" used in the will indicated that Smt. Jarian was given an absolute estate with full proprietary rights. However, the court noted that the term "malik" must be interpreted in the context of the entire will and the surrounding circumstances. The court emphasized that the true intention of the testator must be gathered by reading the will as a whole and considering the testator's family relationships, property, and other relevant factors.

3. Validity of the Gift Deed and Will by Smt. Jarian:
The court found that the testator intended to confer only a life estate on Smt. Jarian, with an absolute estate to Gokul after her death. This intention was evident from the testator's apprehension that his brother and nephew might trouble his wife and Gokul after his death. The will explicitly stated that Gokul would have all proprietary powers, including the power of making transfers, after Smt. Jarian's death. The court concluded that the testator's intention was to prevent his property from passing to his brother and nephew, which would have occurred if an absolute estate had been conferred on Smt. Jarian.

Conclusion:
The court held that the testator intended to bequeath a life estate to his wife, Smt. Jarian, and an absolute estate to Gokul after her death. Consequently, the will and gift deed executed by Smt. Jarian in favor of the appellant were invalid. The respondent's suit was rightly decreed by the lower courts, and the appeal was dismissed with no order as to costs.

Appeal dismissed.