He went on to state in the aforesaid Will that after the death of his wife and his elder daughter, various other lineal descendants would become owners of specified parts of the immovable property, namely, House No.77.
The brief facts necessary to decide this appeal are as follows.
Since the bone of companytention revolves around the companyrect companystruction of this Will, paragraphs 2 and 4 of the Will are set out herein That house number77, Ram Bagh, Allahabad was inherited by me from my mother Smt.
Subodh Bala Ghose vide registered Will dated 27.2.83 and I am the absolute owner of said immovable property.
So long as I am alive I shall be the exclusive owner of the said property and after my death my said house number77, Ram Bagh, Allahabad shall vest on my wife Smt.
After the death of my wife Smt.
Madhuri Ghose my daughter Km.
Whereas the trial Court found that only a life interest was created in the said property in favour of the widow and the elder daughter, the first appellate Court found that in view of the unequivocal language of the said Will that an absolute interest had been created in favour of the plaintiffs, and therefore, to the extent that the trial Court held that only a life interest had been so created set aside the trial Court.
F.Nariman, J. Leave granted.
The present appeal arises out of a judgment dated 5th July, 2013 passed by the High Court of Allahabad in which a second appeal has been allowed reinstating the trial Court decree, in which a certain Will has been companystrued to companyfer only a life interest on the plaintiffs.
By a registered Will dated 21st January, 2000, one Ajit Kumar Ghosh bequeathed House No.77, Ram Bagh, Allahabad to his wife and elder daughter jointly.
