<?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>2007 (5) TMI 693 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=313711</link>
    <description>A will and codicil must be construed together to give effect to the testator&#039;s dominant intention, and apparently inconsistent clauses should be harmonised where possible. Clauses 5, 6 and 7 were not void under the Indian Succession Act, 1925: Clause 5 was treated as creating only a life estate, while Clause 7 operated as an enabling provision rather than defeating the earlier disposition. Clause 12 of the Codicil was also upheld, because the contingency for the University&#039;s benefit occurred when the legatee died without issue, without adopting a son and without making the contemplated appointment. The challenge failed, and the University&#039;s bequest was held valid and enforceable.</description>
    <language>en-us</language>
    <pubDate>Fri, 18 May 2007 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 30 Apr 2024 12:51:07 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=751437" rel="self" type="application/rss+xml"/>
    <item>
      <title>2007 (5) TMI 693 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=313711</link>
      <description>A will and codicil must be construed together to give effect to the testator&#039;s dominant intention, and apparently inconsistent clauses should be harmonised where possible. Clauses 5, 6 and 7 were not void under the Indian Succession Act, 1925: Clause 5 was treated as creating only a life estate, while Clause 7 operated as an enabling provision rather than defeating the earlier disposition. Clause 12 of the Codicil was also upheld, because the contingency for the University&#039;s benefit occurred when the legatee died without issue, without adopting a son and without making the contemplated appointment. The challenge failed, and the University&#039;s bequest was held valid and enforceable.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Fri, 18 May 2007 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=313711</guid>
    </item>
  </channel>
</rss>