AIR 1966 ALLAHABAD 584 ::1966 ALL. L. J. 1153 ::ILR (1967) 1 All 486

Allahabad High Court

Hon'ble Judge(s): M. N. Beg, G. D. Sahgal , JJ

(A) Succession Act (39 of 1925) , S.82— Will - Construction - Intention of testator Is to be gathered by giving harmonious Interpretation to various terms of will as a whole - Testator bequeathing all his present and future property to one of his sons with all rights of transfer - Other heirs given only right of residence in a house on condition of their good character and with consent of legatee but without any proprietary rights - Testator closing his will with a statement that he had full confidence that legate would observe all conditions laid down by him - Held that direction regarding residence of heirs was only pious wish and not mandatory injunction to legatee so as to create legal right in heirs. (Para 7) (B) Hindu Succession Act (30 of 1956) , S.14(2)— Property acquired under a decree - Decree must be a final decree and also one affording foundation for title and not merely a declaratory decree. The decree contemplated under Sub-S. (2) of Section 14 of the Act appears to be a decree finally adjudicating the rights of the parties but where an appeal has been filed against a decree @page-All585 so that the final adjudication of the rights of the parties would depend upon the decree passed. In the appellate Court....