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Supreme Court Of India

(From : 2001 (2) Mad LJ 270)

Hon'ble Judge(s): G. S. Singhvi, A. K. Ganguly , JJ

(A) Transfer of Property Act (4 of 1882) , S.19, S.21— Document whether settlement or Will - Construction of - Court has to examine document as a whole and look into substance thereof - Form or nomenclature of instrument is not conclusive Although no strait-jacket formula has been evolved for construction of instruments like settlement deed or Will, the consistent view of the Supreme Court and various@page-SC1726High Courts is that while interpreting an instrument to find out whether it is of a testamentary character, which will take effect after the lifetime of the executant or it is an instrument creating a vested interest in praesenti in favour of a person, the Court has to very carefully examine the document as a whole, look into substance thereof, the treatment of the subject by the settlor/executant, the intention appearing both by the expressed language employed in the instrument and by necessary implication and the prohibition, if any, contained against revocation thereof. Form or nomenclature of the instrument is not conclusive and the Court is required to look into the substance thereof. (Para 13) (B) Transfer of Property Act (4 of 1882) , S.19, S.21— Settlement or Will - Document creating unequivocal right in favour of 16 persons in praesenti - Beneficiaries were ....