Will construction and registration requirements determined Court of Wards authority and barred reliance on an unregistered mortgage-extinguishment agreement.

A will must be construed by its evident intention, and here it was read as appointing the widow not only as executrix but also as manager of the minor's property until majority. Because she was acting in that managerial capacity when the estate was taken over, the Court of Wards was within its statutory power to assume possession and manage the estate, and the suit by its manager was competent. The alleged arrangement said to extinguish the mortgage debt was treated as affecting rights in immovable property and therefore required registration. As it was unregistered, it was inadmissible in evidence for the purpose for which it was relied upon.

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Issues: (i) whether the Court of Wards had authority to take over the minor's estate and the manager under it could institute the suit; (ii) whether the alleged agreement said to extinguish the mortgage debt was inadmissible for want of registration.

Issue (i): whether the Court of Wards had authority to take over the minor's estate and the manager under it could institute the suit

Analysis: The will, read in light of its evident intention, was construed as appointing Gauri Debi not merely as executrix for administration of the deceased's estate, but as manager of the minor's property until majority. Her duties as executrix were limited to administering the estate in the ordinary course and did not include continuing management of the property for the minor's benefit. On that construction, she had ceased to act as executrix and was managing the property as guardian or manager of the infant when the estate was taken over. The Court of Wards therefore fell within the statutory powers conferred by the Court of Wards Act to assume possession and manage the estate on behalf of the minor.

Conclusion: The Court of Wards had authority to take over the estate, and the suit was competently instituted by its manager.

Issue (ii): whether the alleged agreement said to extinguish the mortgage debt was inadmissible for want of registration

Analysis: The document was relied upon to show that the mortgage debt had been satisfied and the mortgage lien extinguished by an arrangement for purchase of property. The Court held that, on its true effect, the document created or dealt with rights in immovable property so as to attract compulsory registration under the Registration Act. As it had not been registered, it could not be admitted in evidence for the purpose for which it was tendered.

Conclusion: The document was inadmissible in evidence for want of registration.

Final Conclusion: The respondent's title to sue through the Court of Wards was upheld, the alleged extinguishment agreement was rejected for non-registration, and the decree of the court below was affirmed.

Ratio Decidendi: A will must be construed according to its evident intention, and where the arrangement is in substance one requiring registration, an unregistered document cannot be used to prove extinguishment of the mortgage debt or alteration of rights in immovable property.

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