KAILVELIKKAL AMBUNHI (DEAD) BY LRS. AND ORS. versus H. GANESH BHANDARY

KAILVELIKKAL AMBUNHI (DEAD) BY LRS. AND ORS. versus H. GANESH BHANDARY

Where a will contains inconsistent clauses that cannot be reconciled, the latter clause prevails as it reflects the last intention of the testator, in accordance with Section 88 of the Indian Succession Act, 1925.

Parties
Petitioner: Kailvelikkal Ambunhi (Dead) by LRs. and Ors.; Respondent: H. Ganesh Bhandary
Jurisdiction
India
Judgment Date
24 August 1995
Procedural Posture
Special Leave Petition / Decision on Merits After Notice
Outcome
Petition dismissed.
Legal Topics
Interpretation of Wills, Inconsistent Clauses in Wills
Succession Law Interpretation of Wills Inconsistent Clauses in Wills

Case Brief

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Parties

Kailvelikkal Ambunhi (Dead) by LRs. and Ors.

Petitioner

H. Ganesh Bhandary

Respondent

Procedural Posture

Special Leave Petition / Decision on Merits After Notice

Legal Issues

  1. 1 Whether the Kerala High Court properly interpreted the will in question, specifically regarding inconsistent clauses.

Ratio Decidendi

Where a will contains inconsistent clauses that cannot be reconciled, the latter clause prevails as it reflects the last intention of the testator, in accordance with Section 88 of the Indian Succession Act, 1925.

Court Disposition

Petition dismissed.

Orders

  • The special leave petition is dismissed.