equal 1/3 rd share in the estate of
the deceased on intestacy. The plaintiff is the son of one of the
daughters ... children. He
has bequeathed it to all in equal shares. Even on intestacy they would
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legacy to which she could have succeeded on intestacy;
and the 1st Defendant accepted, under his own signature, the
validity of the will in question ... amount
or item received would come to the recipient even on intestacy, or is
less than what he or she might receive if the challenge
already referred
to. She sought a declaration that on Sidheshwar's intestacy his half
share devolved on herself, a prayer that the Privy Council ... that the persons to take under that
disposition, and as an intestacy of the
first donee, would be described in terms
of relationship
Hindu male. The expression merely
means "in the case of intestacy of a Hindu male". To place
this interpretation ... dying intestate" as merely meaning "in the case of
intestacy of a Hindu male" and said that to place this
interpretation
Madras Bar Association vs Union Of India & Anr on 25 September, 2014
Equivalent citations
contention that section 269 can
apply only in cases of intestacy is totally baseless. It is further
submitted that in the present case, the order
becomes inoperable, otiose,
redundant and void.
(b) The fields 'wills, intestacy and succession' find place in
List III (Concurrent List) to Schedule
testator.
Further, where one of the two reasonable constructions
would lead to intestacy, that should be discarded in
favour of a construction which does
would claim share in the property of the
deceased testator on intestacy, would be a mute spectator for thirty three
years and would take
deceased under the will or by all his
heirs on intestacy. Mr. Shah would claim that the contents of the powers of
attorney
