Petitioner states that she is seeking Letters of Administration in
intestacy as she is unaware of any valid testamentary writing executed by
the deceased. However ... whether the present petition
seeking grant of Letters of Administration on intestacy, despite disclosure of
the Will dated 07.02.2025, is maintainable in its present form
form
subject matter of the Will and therefore devolved by intestacy.
11.4. It is also contended that the appellant‟s interpretation of the
Will ... appellant and the defendant/respondents. It is further
submitted that though ordinarily intestacy should be avoided if
a person has left a testament
Hindu male. The words merely mean in the case of intestacy of the Hindu male".
The word merely mean in the case the intestacy ... died interstate. In paragraph 761 at page 394 while dealing with "intestacy" it is stated in the name Volume:-- "Intestacy
whether in construing a will the court should lean
against intestacy. The desire to avoid intestacy was considered by the Privy Council in
the case ... necessarily bind an Indian court. It seems that a presumption
against intestacy may be raised if it is justified by the context of the document
Dictionary means a
"person who, under the laws of intestacy, is entitled to receive an intestate
decedent‟s property, esp. real property ... This Court is of the further opinion that the laws of intestacy merely dictate
one‟s position in the set of lineal or other descendants
whether in construing a will the court should lean
against intestacy. The desire to avoid intestacy was considered by the Privy Council in
the case ... necessarily bind an Indian court. It seems that a presumption
against intestacy may be raised if it is justified by the context of the document
testator. Further, where one of the two reasonable constructions would lead to intestacy, that should be discarded in favor of a construction which does ... supra), although there is no binding rule that the court should avoid intestacy at any cost, yet the court would be justified in preferring that
death of the deceased
or any of his heirs to claim on intestacy a share in the interest
referred to therein."
"8. General ... application of Section 6 proviso, such property would
devolve only by intestacy and not survivorship.
(vi) On a conjoint reading of Sections
testator. Further where one of the two reasonable constructions would lead to intestacy, that should be discarded in favour of a construction which does ... supra), although there is no binding rule that the court should avoid intestacy at any cost, yet the court would be justified in preferring that
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
