Supreme Court of India

N. Krishnammal v. R. Ekambaram & Ors.

Neutral citation
Reported as [1979] 3 S.C.R. 700
Decided 16 April 1979

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

For the foregoing reasons, we allow this appeal, set aside the judgment of the High Court and pass a preliminary decree for parti­ tion and separate possession in favour of the plaintiff with respect to her l/3rd share in the snit property.

Judgment, page 9

From the headnote

Hindu Succession Act, 1956-Ss. 8 to 10- Scope of. Test at or's will stated that in case his son died sonless ''my heirs s/1(lll take the properties" bequeathed to him-Testator's son died without leaving behind a male issue-Expression "my heirs'' nleaning of-Testator whether created an artificial class of hefrs-Term heirs used in a will-How construed-The point of time when heirs should be ascertained. By a will the testator bequeathed certain properties to each of his three sons. With regard to his third son (NP) the testator provided in Clause 5 of the will that if he had no male issues "my

Authorities it was built on

Where later benches applied it

Of those, 2 mentioned

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