Supreme Court of India
Ittianam and Ors. v. Cherichi @ Padmini
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What the Court ordered
For the reasons discussed above and in view of the order passed in Civil Appeal No. 7226 of 2002, this appeal is dismissed.
Judgment, page 15
From the headnote
Succession Act, 1925 - s. 90 - Effect of; on interpretatiort of the Will - Held: In absence of a contrary intention in the Will, the description of the properties in the Will would be deemed to refer to and include the property answering that description at the death of the testator - The Will would then be deemed to speak from the date of the testator's death - English Wills Act (U.K) - s.24. Will - Statutory presumption against intestacy - Held: While construing a Will, the Court should lean against any intestacy - However, the presumption against intestacy cannot be raised ignoring the
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