<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2006 (4) TMI 549 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=197867</link>
    <description>Where the validity and certainty of a Will remain under probate challenge, a court should not compel implementation of disputed testamentary stipulations by mandatory interim order. The Supreme Court noted that ambiguity on the face of a Will attracts the statutory bar on extrinsic evidence, and that a bequest lacking definite intention is void for uncertainty. It held that the High Court should first have adjudicated the Will&#039;s enforceability on merits before directing compliance, because such interim directions could prejudice the pending probate appeal and force performance of provisions whose legality remained unresolved. The mandatory interim orders were set aside, and the probate appeal was directed to be disposed of expeditiously.</description>
    <language>en-us</language>
    <pubDate>Tue, 25 Apr 2006 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 17 Jan 2018 12:07:25 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=504865" rel="self" type="application/rss+xml"/>
    <item>
      <title>2006 (4) TMI 549 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=197867</link>
      <description>Where the validity and certainty of a Will remain under probate challenge, a court should not compel implementation of disputed testamentary stipulations by mandatory interim order. The Supreme Court noted that ambiguity on the face of a Will attracts the statutory bar on extrinsic evidence, and that a bequest lacking definite intention is void for uncertainty. It held that the High Court should first have adjudicated the Will&#039;s enforceability on merits before directing compliance, because such interim directions could prejudice the pending probate appeal and force performance of provisions whose legality remained unresolved. The mandatory interim orders were set aside, and the probate appeal was directed to be disposed of expeditiously.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Tue, 25 Apr 2006 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=197867</guid>
    </item>
  </channel>
</rss>