Case Note & Summary
The dispute arose from a will made by Viswanatha Iyer, who had two minor daughters and treated his brother's son, the appellant, as a foster son. Upon his death in 1927, he bequeathed management of his properties to his brother Seetharama, instructing him to give each daughter one Veli of nanja land and one Veli of punja land upon their reaching majority. After the daughters attained majority, they claimed the right to select their respective lands from a larger area, leading to a suit filed in 1949. The trial court ruled in favor of the daughters, affirming their right to select, a decision upheld by the High Court. The appellant contested this, arguing that the will did not grant the daughters the right of selection. The Supreme Court analyzed the will's language and the application of Section 89 of the Indian Succession Act, concluding that the testator's intention was clear and that the daughters had the right to select their land. The court emphasized that the English rule of benevolent construction should be applied in India, allowing for selection by legatees when the testator's intention is ascertainable. The appeal was dismissed, affirming the daughters' rights under the will.
Headnote
A) Succession Law - Right of Selection - Legatees' Right to Choose - Indian Succession Act, 1925, Section 89 - The court held that the English rule of benevolent construction applies in India, allowing legatees to select from a bequest when the testator's intention is clear, despite some uncertainty in the will. The testator's intention was to allow the daughters to select their respective shares of land, thus the gift was not void for uncertainty (Paras 1-2).
Issue of Consideration
Whether the legatees have a right to make a selection and whether the right of selection was in Seetharama or in the legatees.
Final Decision
The Supreme Court dismissed the appeal, affirming the daughters' right to select their respective lands as per the will, applying the English rule of benevolent construction.
Law Points
- Benevolent construction
- right of selection
- Indian Succession Act
- void for uncertainty
