Professional Documents
Culture Documents
A testator had made a will in favor of his three sons and had deliberately disinherited his daughters.
During the lifetime of the testator, one of these three sons died issueless leaving only his widow.
The testator did not change his will and died about 2 Years and 9 months after his son’s death.
Interpreting the expression ‘ Lineal Descendent’ in Section 109 of the Indian Succession Act, 1925, the
court while applying the Golden rule stated that if the testator had any intentions of disinheriting the
widow of his predeceased son he could have made another will or could have executed a codicil to the
existing will.
Thus, his intention was clear to the effect that the widow should succeed to the property in place of his
pre-deceased son.
Luke v/s England Revenue Commissioners (1963 )
Delhi Court Stated that the language used in the statute should firstly have
literal or grammatical interpretation to materialize the intention of the
Legislature. But, if difficulties are arising in doing so. The circumstances
prevailing at the time of making the statute should be considered to remove
those difficulties. This is the Golden Rule of Interpretation.
In fact, the main purpose of the Golden rule of Interpretation is also the same
as that Statutes should be interpreted in such a way that the intention of the
legislature is known and ambiguity, unclarity, inconsistency, hardship,
injustice, etc., arising from language is removed.
ADVANTAGES OF GOLDEN RULE