Emerging startup of 2023 by Headstart
Emerging startup of 2023 by Headstart
Appellants: Maj. Gen. Rajinder Singh Chowdhary
Respondent: Sardar Manjit Singh Chowdhary
Hon’ble Justice Virender Jain, J
The appellant filed a suit for partition of the properties on the grounds that Sardar Mohan Singh Choudhary, the father of the parties, left a Will by which he wished to transferred all his movable and immovable properties to his wife absolutely with full powers of disposal in any manner she liked. The respondents contended that the Will only created a life estate (right to possess during the lifetime) and no absolute transfer of ownership was made in favour of the mother. The testator (the person who made the Will), before outlining the terms of his Will, expressed concern over the financial weakness of two of his sons.
The Delhi High Court, after hearing arguments from both sides, held that the testator intended to create a life estate (right to possess during her lifetime and not entitled to transfer or otherwise) in favour of his wife and not an absolute interest (complete ownership, where she can transfer, dispose or do anything with regard to the property), and thus dismissed the appellant's suit. The Court relied on various principles, including Section 82 of the Indian Succession Act, and various decisions by competent courts relating to this context, emphasizing that the true intention of the testator must be gathered not by focusing on isolated expressions but by reading the Will as a whole, considering all its provisions and not disregarding any as redundant or contradictory.
Even though the Will stated that none of the sons or daughters had any right to interfere with or restrain their mother from managing, controlling, or disposing of the assets, the Court applied the armchair test (Instead of interpreting the Will just by reading the words as written on the Will, the judge "places themselves in the shoes" of the testator at the time they wrote the Will) and held that it was essential to consider other matters beyond merely the words used in the Will.
The Court emphasized that a Will must be interpreted as a whole, considering all its provisions rather than isolating specific phrases. Applying the armchair test, the Court considered the circumstances surrounding the Will’s creation rather than just the words used, leading to the dismissal of the appellant’s suit.
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