Supreme Court of India · 2016-11-09
Madhuri Ghosh & Anr vs Debobroto Dutta & Anr
- Citation / case number
- AIR 2017 SC (CIVIL) 1677
- Court
- Supreme Court of India
- Petitioner
- Madhuri Ghosh & Anr
- Respondent
- Debobroto Dutta & Anr
- Author
- R.F.Nariman
- Bench
- Rohinton Fali Nariman, R.K. Agrawal
Judgment text excerpt
The Supreme Court held that the construction of the Will dated 21st January, 2000, clearly intended to confer a life interest on the plaintiffs, Smt. Madhuri Ghose and Km. Sunanda Ghose, with the remainder passing to specified lineal descendants after their deaths. The Court emphasized that the intent of the testator must be ascertained from the language of the Will, and since the trial Court's interpretation was upheld, the appeal was dismissed. The judgment reinforces the principle that the clear intention of the testator as expressed in the Will governs the distribution of property.