'Even If Will Not Enforceable For Being Void, It Is Not Non-Est & Is Admissible Under Evidence Act S. 32(5) To Decide Pedigree': Allahabad HC [Read Judgment]
4 years, 8 months ago

'Even If Will Not Enforceable For Being Void, It Is Not Non-Est & Is Admissible Under Evidence Act S. 32(5) To Decide Pedigree': Allahabad HC [Read Judgment]

Live Law  

"Even if the Will is not enforceable for being void or may not be relevant under Section 32 of the Evidence Act, 1872 as a Will, it would still be admissible and relevant under Section 32 of the Act because the relevant recital in the Will is a statement in writing of the deceased and relates to the existence of a relationship by blood about which the testator had special means. "Even if the Will is not enforceable for being void or may not be relevant under Section 32 of the Evidence Act, 1872 as a Will, it would still be admissible and relevant under Section 32 of the Act because the relevant recital in the Will is a statement in writing of the deceased and relates to the existence of a relationship by blood about which the testator had special means of knowledge", ruled the Allahabad High Court recently. It ruled that, thus, even if the Will dated 29.3.1946 is not enforceable for being void or may not be relevant under Section 32 of the Act, 1872 as a Will, it would still be admissible and relevant under Section 32 of the Act, 1872 because the relevant recital in the Will is a statement in writing of the deceased and relates to the existence of a relationship by blood about which the testator had special means of knowledge as the husband of Shivraji. "Thus, the Will dated 29.3.1946 was admissible in evidence and was relevant under Section 32 of the Act, 1872 to decide the pedigree of respondent No.

Evidence Court Evidence Act Statement Respondent Act Read This Court Document Petitioners Gaya Thakur Relevant Void No Authority Enforceable Pheku Munia Special Means Shivraji  void  read  s  evidence  enforceable  hc  court  act  decide  relevant  nonest  gaya  judgment  statement  document  petitioners  respondent  pedigree

History of this topic

[Income Tax] Allahabad HC To Examine Whether Proceedings U/S 148A(b) Initiated Prior To 01.09.2024 Would Be Saved After Enforcement Of The Finance (No.2) Act, 2024
2 months, 1 week ago

[Income Tax] Allahabad HC To Examine Whether Proceedings U/S 148A(b) Initiated Prior To 01.09.2024 Would Be Saved After Enforcement Of The Finance (No.2) Act, 2024

Live Law  

The Lucknow Bench of the Allahabad High Court has sought state response on the question of maintainability of proceedings under Section 148A of the Income Tax Act initiated prior to 01.09.2024, if at all, would be saved after enforcement of the Finance Act, 2024 w.e.f. 01.09.2024 especially in view of sub-Section- of Section 152 of the Income Tax Act, 1961 …

Allahabad High Court Strikes Down 2004 Amendment To S.169(3) UPZALR Act Mandating Registration Of Wills
10 months, 1 week ago

Allahabad High Court Strikes Down 2004 Amendment To S.169(3) UPZALR Act Mandating Registration Of Wills

Live Law  

The Allahabad High Court has struck down the 2004 amendment to Section 169 of the U.P. Zamindari Abolition & Land Reforms Act, 1950 was amended to read as “Every will made under provisions of sub section shall, not withstanding anything contained in any law, custom or usage, ” The bench comprising of Justice Siddhartha Varma and Justice Ajit Kumar held …

S.299 Indian Succession Act | No Appeal Lies Against Order Rejecting Amendment Application In Plea For Grant Of Letters Of Administration: Allahabad HC
1 year ago

S.299 Indian Succession Act | No Appeal Lies Against Order Rejecting Amendment Application In Plea For Grant Of Letters Of Administration: Allahabad HC

Live Law  

The Allahabad High Court has held that no appeal lies under Section 299 of the Indian Succession Act, 1925 against an order rejecting amendment application in petition filed under Section 278 of the Act of 1925. The Court held that since Order 43 Rule 1 of CPC does not provide a remedy of appeal against orders passed under Order 6 …

Mere Registration of Will Not Enough to Assign It Validity: Supreme Court
1 year, 5 months ago

Mere Registration of Will Not Enough to Assign It Validity: Supreme Court

News 18  

The Supreme Court has said mere registration of a will would not be sufficient to prove its validity, as its lawful execution necessarily has to be proved in accordance with section 68 of the Indian Evidence Act, 1872, and section 63 of the Indian Succession Act, 1925. The top court, however, found Dhani Ram failed to prove the execution of …

Writ Plea In Contractual Matters Lies Against State, Instrumentalities If Amount Is Admitted & Undisputed: Allahabad High Court
3 years, 1 month ago

Writ Plea In Contractual Matters Lies Against State, Instrumentalities If Amount Is Admitted & Undisputed: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that there is no absolute bar on the maintainability of a writ petition against the state and its instrumentalities in contractual matters.The Bench of Justice Manoj Kumar Gupta and Justice Dr. Yogendra Kumar Srivastava remarked that where the amount is admitted and there is no disputed question of fact requiring adjudication of detailed evidence. …

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