Supreme Court of India
Mathai Samuel and Ors. v. Eapen Eapen (dead) by Lrs. and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
The judgment and decree of the lower appellate court, confirmed by the High Court, is, therefore, set aside and the judgment and decree of the trial court is restored. The appeal is allowed as above and there will be no order as to costs.
Judgment, 31
From the headnote
Deeds and Documents - Testamentary disposition and settlement - Difference - Held: The real and the only reliable test for the purpose of finding out whether a document constitutes a Will or a gift is to find out as to what exactly is the disposition which the document has made, whether it has transferred any interest in praesenti in favour of the settlees or it intended to transfer interest in favour of the settlees only on the death of the settlors.…
Authorities it was built on
Where later benches applied it
- 2025 Ramesh Chand (d) Thr. Lrs. v. Suresh Chand and Anr.
- 2025 N.P. Saseendran v. N.P. Ponnamma & Ors.
- 2024 Mansoorsaheb (dead) v. Salima (d) by Lrs..
Of those, 2 relied on · 1 mentioned
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