Supreme Court of India · 1979-04-16
N.KRISHNAMMAL vs R. EKAMBARAM & ORS.
- Citation / case number
- SC 1969/60188
- Court
- Supreme Court of India
- Petitioner
- N.KRISHNAMMAL
- Respondent
- R. EKAMBARAM & ORS.
- Author
- RANJIT SINGH SARKARIA
- Bench
- RANJIT SINGH SARKARIA
Judgment text excerpt
The Supreme Court interpreted the will of a testator who bequeathed properties to his sons, stipulating that if his third son died without male issue, 'my heirs shall take the properties.' The Court held that the term 'heirs' must be construed in a legal sense, meaning all persons entitled to inherit under law, rather than creating an artificial class of heirs. The Court ruled that the widow of the deceased son was not entitled to inherit, as the applicable Hindu Law at the time of the testator's death in 1928 excluded her, thus allowing the appeal of the defendants who were the heirs of the testator's eldest son.