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Supreme Court of India 2017-03-09

K.S. Palanisami (dead) through Lrs vs Hindu Community in General and Citizens of Gobichettipalayam and Others

Bench: 2 — Ashok Bhushan

In Brief

The Supreme Court considered appeals arising from a Will executed in 1968 by a husband and wife establishing charitable trusts and giving the survivor absolute rights to properties. The central issue was whether the survivor's absolute ownership rights permitted alienation, or whether such rights were limited to life interest only. The Court held that the Will was a joint and mutual Will, and the phrase 'absolutely with all the rights' conferred absolute ownership on the survivor, including the power to alienate. Although the Will became irrevocable after the first testator's death, the survivor was entitled to deal with properties, and alienations made by the survivor were valid. The Court further held that the suit was not barred by Section 108 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, and that the charitable trust came into operation only upon the survivor's death.

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Wills & Succession Joint and Mutual Wills Trusts Charitable Endowments Religious Endowments Tamil Nadu Hindu Religious and Charitable Endowments Act

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