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claim partition of the properties as devolving upon the legal heirs through intestacy. 19. The appeal is accordingly dismissed but without any order

testator. Further, where one of the two reasonable constructions would lead to intestacy, that should be discarded in favour of a construction which does

daughter-in-law exists whether he takes upon the property by intestacy or by will or gift." 23. The said doctrine is common, both ... governed by the Daya-bhaga School exists whether the heir takes upon intestacy or by will or by gift. I decide the issue in favour