death of the deceased or
any of his heirs to claim on intestacy a share in the interest
referred to therein ... application of Section 6 proviso, such property would
devolve only by intestacy and not survivorship.
(vi) On a conjoint reading of Sections
constructions of a Will are
reasonably possible, one of which avoids intestacy while the other involves
intestacy, Court would certainly be justified in preferring ... construction
which avoids intestacy and that in present case the Will ought to be
considered, especially as it is in the own handwriting of Late
task of
construing a will with a preconceived notion that intestacy
must be avoided or vesting must not be postponed. The
intention of the testator
character and status of the plaintiff as an
administrator as on intestacy and takes away the character of
defendants Nos. 1 to 3 as executors
testator. Further, where one of the two reasonable constructions
would lead to intestacy, that should be discarded in favour of a
construction which does
