MEHMA SINGH Vs. DHAN KAUR

JUDGEMENT

(1.) The controversy in appeal here is with regard to the true construction and interpretation of the registered will executed by the testator Dewan Singh in favour of his wife Dhan Kaur. Did he thereby confer an absolute estate upon her or was she left merely as a limited owner with no right of alienation? The contest now is between the widow and the nephews of the said Dewan Singh.

(2.) The will states, "Upon my death my wife Dhan Kaur shall be the sole full proprietor of my entire moveable and immoveable property situate anywhere". Below the signatures of the testator and the attesting witnesses, at the foot of the will, appears the clause, "I certify that no word in the writing is doubtful and Shrimati Dhan Kaur shall have no right to alienate my property". This is signed by Dewan Singh but not by any of the attesting witnesses. The plaintiffs, who are the nephews of Dewan Singh, relying upon this later clause, now seek a declaration that his widow Dhan Kaur was not entitled to alienate the property in suit being only a limited owner thereof.

(3.) On the face of it, this later clause cannot be reconciled with the main provision in the will bequeathing absolutely to the widow Dhan Kaur all the property owned by the testator and is thus repugnant to it.