E. V. BALAKRISHNAN versus MAHALAKSHMI AMMAL AND ANOTHER.

E. V. BALAKRISHNAN versus MAHALAKSHMI AMMAL AND ANOTHER.

The bequest made by the will is not void for uncertainty, as the testator’s intention is ascertainable, and the benevolent rule of construction should be applied—giving the right of selection to the legatees (the daughters). There are no words in the will indicating Seetharama was to select. The gift may be made certain by the legatees’ selection.

Parties
Appellant: E. V. Balakrishnan; Respondents: Mahalakshmi Ammal and Another
Jurisdiction
India
Judgment Date
24 February 1961
Procedural Posture
Civil Appeal / Final Decision
Outcome
appeal dismissed
Legal Topics
Will Construction, Uncertainty in Bequest, Right of Selection by Legatees
Succession Property Law Will Construction Uncertainty in Bequest Right of Selection by Legatees

Case Brief

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Parties

E. V. Balakrishnan

Appellant

Mahalakshmi Ammal and Another

Respondents

Procedural Posture

Civil Appeal / Final Decision

Legal Issues

  1. 1 Whether legatees have the right to make a selection in a case of devise of land out of a larger area
  2. 2 Whether the right of selection is vested in the legatees or a third person as per the construction of the will
  3. 3 Whether the gift is void for uncertainty under section 89 of the Indian Succession Act, 1925

Ratio Decidendi

The bequest made by the will is not void for uncertainty, as the testator’s intention is ascertainable, and the benevolent rule of construction should be applied—giving the right of selection to the legatees (the daughters). There are no words in the will indicating Seetharama was to select. The gift may be made certain by the legatees’ selection.

Court Disposition

appeal dismissed

Orders

  • Suit and decree of possession upheld; legatees (daughters) entitled to select specified land out of Vattam 149
  • Appellant to pay costs