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november 2016

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.

Madhuri Ghosh & Anr vs Debobroto Dutta & Anr · Niyam