Essential Revocability of Will during life time of testator Distinguishes Will from gift - A 'Will' need not necessarily be registered. But the fact of registration of a 'Will' will not render the document a settlement(after life time of executant property would absolutely go to sons - Document does not create right, titles, ownership in sons when document was executed or during life time of executant - Subsequent events are of no use in construing documents. Document in question is not gift.

Citation

2012 AIR SCW 6329

SUPREME COURT

K. S. PANICKER RADHAKRISHNAN, J. and DIPAK MISRA, J.

Civil Appeal No. 8197 of 2012 (arising out of S. L. P. (Civil) No. 13385 of 2009), D/-21-11-2012

Mathai Samuel and Ors v. Eapen Eapen (Dead) by LRs. and Ors

(A)Succession Act (39 of 1925), S.2(h) - Transfer of Property Act (4 of 1882), S.122 - Will - Essential Revocability of Will during life time of testator Distinguishes Will from gift. -

S.2(h) - Will - Interpretation - To be done as per rules of law and principle on construction laid down in Act - Rules of interpretation of statutes do not apply.

(C)Succession Act (39 of 1925), S.2(h) -(Para 13) Transfer of Property Act (4 of 1882), S.122 Registration Act (16 of 1908), S.17 Document - having characteristic of Will and gift - Needs to be registered - That however does not have effect of documents ceasing to be Will. In a composite document, which has the characteristics of a Will as well as a gift, it may be necessary to have that document registered otherwise that part of the document which has the effect of a gift cannot be given effect to. Therefore, it is not unusual to register a composite document which has the characteristics of a gift as well as Will. Consequently, the mere registration of document cannot have any determining effect in arriving at a conclusion that it is not a Will. A 'Will' need not necessarily be registered. But the fact of registration of a 'Will' will not render the document a settlement. (Para 17)

(D) Transfer of Property Act (4 of 1882), S.8

Document - Construction - Intention of executant has to be ascertained from the words employed.

(E)Transfer of Property Act (4 of 1882), (Para 23)

S.8, S.122 - Construction of document - Stipulation in document that executant shall keep possession of property in question - Utilise income from property for repaying loan and their maintainance - And after life time of executant property would absolutely go to sons - Document does not create right, titles, ownership in sons when document was executed or during life time of executant - Subsequent events are of no use in construing documents. Document  in question is not gift. - (Paras 27 28 30)

-

-