PEAREY LAL vs RAMESHWAR DAS

The Supreme Court held that under the Indian Succession Act, 1925, specifically Sections 75, 82, and 86, the construction of a will must aim to ascertain the testator's intention, ensuring every expression has effect. In this case, the court found that the widow, Mst. Kishen Dei, received an absolute interest in the property after the adopted son predeceased Girdhari Lal, as the gift over was merely a defeasance. The court upheld the High Court's decision, restoring the Subordinate Judge's decree in favor of the respondent, confirming the widow's absolute ownership as indicated by the term 'Malik'.