AIR 1951 SUPREME COURT 139 ::(1951) 88 Cal LJ 1 ::1964 MadLW 547

Supreme Court Of India

(From Allahabad : A. I. R. (31) 1944 All.17 )

Hon'ble Judge(s): S. Murtaza Fazal Ali, B. K. Mukherjea, N. Chandrasekhara Aiyar , JJJ

(A) Deed - Construction-Intention-Surrounding circumstances. Transfer of Property Act (4 of 1882) , S.8— In construing a document, whether in English or in vernacular, the fundamental rule is to ascertain the intention from the words used; the surrounding circumstances are to be considered but that is only for the purpose of finding out the intended meaning of the words which have actually been employed : A.I.R. (17) 1930 P. C. 242, Rel. on.(Para 7) Anno. T. P. Act, S. 8, N. 20. (B) Hindu law - Widow - Nature of estate Tamliknama in favour of widow, using word 'malik' for her maintenance.A.I.R. (31) 1944 All, 17 =I. L. R. (1943) All. 892, reversed. There is no warrant for the proposition that when a grant of an immovable property is made to a Hindu female, she does not get an absolute or alienable interest in such property, unless such power is expressly conferred upon her. The position is that to convey an absolute estate to a Hindu female, no express power of alienation need be given; it is enough if words are used of such amplitude as would convey full rights of ownership : 24 W. R. 395 and 9 Beng. L. B. 377 (P. C.). Re f.(Para 8 9) The mere fact that the gift of property i....