A, the testator was a cancer patient. He lived with his sister in his last days. Even though he had sons, he bequeathed the property to his nephew and nieces and executed a registered will in their favour. Thereafter, the testator lived for seven years and never intended to revoke the will. Examine the validity of the will.
1. Whether the will which was never intended to revoke is valid? YES
Section 83 of the Indian succession Act, 1925: When words may be understood in restricted sense, and when in sense wider than usual.
According to Section 83 of the Indian succession Act, 1925 when words may be understood in restricted sense, and when in sense wider than usual. - General words may be understood in a restricted sense where it may be collected from the will that the testator meant to use them in a restricted sense; and words may be understood in a wider sense than that which they usually bear, where it may be collected from the other words of the will that the testator meant to use them in such wider sense.
The facts of the instant problem is similar to that of Savithri and Others vs. Karthayayani Amma and Others, AIR 2008 SC 300, where the will was held to be valid.
The provisions of Section 83 of the Indian Succession Act no doubt enable the Courts in construing a Will to understand in a restricted sense where it may be collected from the Will that the testator meant to use a particular word in a restricted sense and understand a word in a wider sense than that which they shall bear where it may be collected from the other words of the will that the testator meant to use them in such a wider sense.
Savithri and Others Vs. Karthayayani Amma and Others, AIR 2008 SC 300, The testator was a cancer patient. He lived with his sister in his last days. Even though he had sons, he bequeathed the property to his nephew and nieces and executed a registered will in their favour. Thereafter, the testator lived for seven years and never intended to revoke the Will. The Will was held to be valid.
The Will is valid.
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