Which of two possible constructions preferred

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. Narendra Gopal Vidyarthi vs Rajat Vidyarthi

   Supreme Court of India 02 Dec 2008 Binding (SC) Reportable

   Court's Decision & Legal Precedent

   When a testator sets apart a specific sum of money in a will for the benefit of identified beneficiaries and directs that an immoveable property be purchased from that sum, the property so purchased vests absolutely in the beneficiaries to the extent of the amount contributed by the testator, notwithstanding that the property may be purchased in the testator's name or that the testator uses non-technical language such as 'wakf' or creates a trustee structure. The testator's true intention must be ascertained from the will read as a whole in the context of surrounding circumstances, including the testator's family situation, the position of the beneficiaries, and post-testamentary conduct of family members. The use of precautionary measures such as trustees and limited disbursement provisions does not negate absolute ownership but merely reflects the testator's concern for prudent management of the funds.

   On this section: Where a clause is susceptible of two meanings, one giving it effect and the other rendering it ineffective, the former shall be preferred. Applied to prefer the construction that gave effect to the testator's intention to benefit the appellant and his mother.

   Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.