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PETITIONER: RAM GOPAL
Vs.
RESPONDENT: NAND LAL AND OTHERS
DATE OF JUDGMENT: 14/11/1950
BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. FAZAL ALI, SAIYID AIYAR, N. CHANDRASEKHARA
CITATION: 1951 AIR 139 1950 SCR 766 CITATOR INFO : R 1952 SC 145 (7) R 1954 SC 355 (15) F 1963 SC1703 (7,8) R 1972 SC1279 (10) R 1976 SC 794 (8)
ACT: Hindu Law--Gift to female owner--Construction--’Gift for maintenance--Estate conveyed, whether absolute or limit- ed--Use of the word ’Malik’, effect of.
HEADNOTE: In construing a document whether in English or in vernacular the fundamental rule is to ascertain the inten- tion from the words used; the surrounding circumstances are to be considered but that is only for the purpose of finding out the intended meaning of the words which have actually been employed. To convey an absolute estate to a Hindu female, no express power of alienation need be given; it is enough if words of such amplitude are used as would convey full rights of ownership. The term ’Malik’ when used in a will or other document as descriptive of the position which a devisee or donee is intended to held, has been held apt to describe in owner possessed of full proprietory rights, including a full right of alienation, unless there is something in the context or in the surrounding circumsta...