REGENT COMPUTRONICS PVT. LTD.

SREEDEVI Appellant

V/S

R Radhakrishnan Nair Respondents

Referred Judgements :-

CHOTEYNARAIN SINGH V. MUSSAMAT RATAN KOER [REFERRED TO]
GNAMBAL AMMAL VS. T RAJU AYYAR [REFERRED TO]
H VENKATACHALA IYENGAR VS. B N THIMMAJAMMA [REFERRED TO]
RANI PURNIMA DEBI VS. KUMAR KHAGENDRA NARAYAN DEB [REFERRED TO]
PEAREY LAL VS. RAMESHWAR DAS [REFERRED TO]
SHASHI KUMAR BANERJEE VS. SUBODH KUMAR BANERJEE [REFERRED TO]
PUSHPAVATHI VS. CHANDRARAJA KADAMBA [REFERRED TO]
SETH BENI CHAND SINCE DEAD NOW VS. KAMLA KUNWAR [REFERRED TO]
BRIJ MOHAN LAL ARORA VS. GIRDHARI LAL MANOCHA [REFERRED TO]
RABINDRA NATH MUKHERJEE VS. PANCHANAN BANERJEE [REFERRED TO]
VRINDAVANIBAI SAMBHAJI MANE VS. RAMCHANDRA VITHAL GANESHKAR [REFERRED TO]
MADHUKAR D SHENDE VS. TARABAI ABA SHEDAGE [REFERRED TO]
DAULAT RAM VS. SODHA [REFERRED TO]
B VENKATAMUNI VS. C J AYODHYA RAM SINGH [REFERRED TO]
HARMES VS. HINKSON [REFERRED TO]

JUDGEMENT

(1.) The very appellation 'Will' suggests that the document should effect that which the testator would have done; it is his will, his intention to pass his personal and real property in the particular manner outlined in the testamentary document. The foundational testamentary interpretation relating to Wills and Codicils remain the specific intent expressed in the plain language of the Will.

(2.) The accurate determination of a testator's donative intent is the true province of the courts while disputes relating to such testamentary documents are raised. How should a court go about determining the testator's intention? After all courts have nothing more than the words in the document itself because the testator, by definition, is not available to testify as to his intent couched in the language of his Will.

(3.) Determining a testator's intent has long served the hypostasis of the common law of testamentary interpretation. In his seminal analysis of the history of English Common Law, Blacksmith noted that court's collective focus on a testator's intent stems from the very foundation of the Anglo-American System of Private Property.

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SREEDEVI Vs. R RADHAKRISHNAN NAIR

Referred Judgements :-

JUDGEMENT

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