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february 1961

Supreme Court of India · 1961-02-23

N. KASTURI vs D. PONNAMMAL AND OTHERS.

Citation / case number
SC 1956/44
Court
Supreme Court of India
Petitioner
N. KASTURI
Respondent
D. PONNAMMAL AND OTHERS.
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court interpreted a will executed by a childless testator, which included provisions for adoption and the distribution of property. The Court held that Clause 12 of the will was intended to operate at the time of the testator's death, and K's rights were contingent upon adoption by the widow, which did not occur. The Court emphasized that the intention of the testator must be ascertained by construing the will as a whole, and the postponement of vesting and potential intestacy are permissible under law. The appeal was dismissed, affirming the lower court's decision.

N. KASTURI vs D. PONNAMMAL AND OTHERS. · Niyam