2010 (7) TMI 1160 - SC - Indian Laws

Summary

Issues Involved:
1. Validity and interpretation of the Will dated 8.5.1967.
2. Applicability of Section 90 of the Indian Succession Act.
3. Grant of Letters of Administration for properties bequeathed in the Will.

Summary:

1. Validity and Interpretation of the Will:
The dispute centers around properties bequeathed by a Will dated 8.5.1967 by Kakkassery Ippuru. The Will was contested by Padmini @ Cherichi, leading to a suit in the District Court, Thrichur. The District Judge granted letters of administration for all properties in the Will. The High Court upheld the Will's genuineness but limited the grant to items 1 to 3, reasoning that the testator's title to items 4 to 7 was not perfected on the Will's date.

2. Applicability of Section 90 of the Indian Succession Act:
The Supreme Court examined Section 90 of the Act, which states that the description of property in a Will refers to the property at the testator's death unless a contrary intention appears. The Court emphasized that Section 90 uses the legal fiction "deemed" to avoid intestacy and that the property described in the Will includes property at the testator's death. The Court cited various precedents supporting this interpretation, including English law and Indian case law.

3. Grant of Letters of Administration:
The Supreme Court found that the High Court erred in not appreciating the effect of Section 90. The testator had acquired full title to items 4 to 7 before his death, and the Will did not show any contrary intention. The Court leaned against intestacy, emphasizing that a Will should be construed to avoid intestacy unless a contrary intention is clear. The Court restored the District Judge's decision granting letters of administration for all properties in the Will.

Conclusion:
The appeal was allowed, the High Court's judgment was set aside, and the District Judge's decision was restored. The related Civil Appeal No. 4432 of 2003 was dismissed. No order as to costs.