AIR 1992 DELHI 134 ::(1992) 1 RRR 498 ::(1992) 46 DLT 192 ::(1992) 47 DLT 192 ::(1992) 2 CivLJ 277 ::(1993) 25 DRJ 338 ::(1992) 1 CurCC 304

Delhi High Court

Hon'ble Judge(s): Santosh Duggal , J

(A) Succession Act (39 of 1925) , S.87, S.82, S.114, S.138— Bequest - Directions - Validity - Absolute title in entire property devised in favour of named legatee - Intention as such of testator apparent - Subsequent clause imposing restriction on right to sell - Said clause repugnant to main intention - Only subsequent clause and not the entire will should be treated as void. Will - Construction - Intention of testator. In construing a will, the Court has to read, and keep in mind the whole of the document, and then determine as to what was the dominant intention of the testator and give effect to the same accordingly.(Para 8) Where the absolute title in the entire property moveable as well as immovable was devised in favour of the son and the intention of passing of the whole estate, was apparent @page-Del135 and there was only an added clause imposing restriction on legatees right to sell, alienate of transfer the said property and thereafter on sons' sons, son's son's sons's and so on, then only the subsequent clause imposing restriction was to be ignored as being repugnant to the real intention of the testator treating that part as void and the bequest would stand. Once the Court is satisfied that testator wanted to give his entire property to the named legatee son in the presen....