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october 2006

Supreme Court of India · 2006-10-19

M/S. Bay Berry Apartments Pvt. Ltd. & Anr vs Shobha & Ors

Citation / case number
AIR 2007 SUPREME COURT 226
Court
Supreme Court of India
Petitioner
M/S. Bay Berry Apartments Pvt. Ltd. & Anr
Respondent
Shobha & Ors
Author
S.B. Sinha
Bench
S.B. Sinha, Dalveer Bhandari

Judgment text excerpt

The Supreme Court addressed the interpretation of the term 'heirs' in a Will dated 14.7.1932, holding that the expression 'Waristdar' refers exclusively to male lineal descendants, thereby excluding female heirs. The Court affirmed the High Court's decision to allow the appeal, reversing the City Civil Judge's dismissal based on limitation and non-joinder of parties. The Court emphasized that the Will must be construed in its entirety, and the plaintiffs' claims were valid as they were lineal heirs entitled to the bequests under the Will.

M/S. Bay Berry Apartments Pvt. Ltd. & Anr vs Shobha & Ors · Niyam