Defendants Cannot Introduce Death Certificate As Additional Evidence Without Relevant Pleadings: Jharkhand HC Rules In Property Dispute
1 day, 1 hour ago

Defendants Cannot Introduce Death Certificate As Additional Evidence Without Relevant Pleadings: Jharkhand HC Rules In Property Dispute

Live Law  

Setting aside an order of a district court allowing introduction of a death certificate as evidence in a property dispute, the Jharkhand High Court said that a death certificate issued years after the death, based solely on an affidavit, cannot be admitted as additional evidence if it lacks evidentiary basis and is inconsistent with the pleadings. Presiding over the case Justice Subhash Chand held that, “Even if this document, which is public document issued on the individual information of the applicant/ defendant after the judgment and decree passed in the original suit, this public document itself cannot be taken on record because there is no pleading to that effect on record on behalf of the defendants in regard to the date of death of their mother Ramwati Devi and there is no plea that Ramwati Devi had not executed sale deed in favour of plaintiff prior to her death.” The Court made this observation while setting aside the order of the District Judge-III, Lohardaga, which had allowed the appellants to introduce a death certificate as additional evidence under Order XLI Rule 27 of the Code of Civil Procedure. The Court noted that the death certificate, which claimed Ramwati Devi died in 1970, was issued in 2018 based solely on an affidavit submitted by one of the defendants. reported in 2003 AIR SCW 1383 and Satish Kumar Gupta Vs. State of Haryana reported in 4 SCC 760, reiterated, “no party can be permitted to adduce evidence beyond pleadings.” Consequently, the Court allowed the Civil Miscellaneous Petition filed by the plaintiffs, setting aside the order of the District Judge, to the extent it permitted the introduction of the death certificate.

Death Evidence Court Sale Order Certificate Devi Defendants Death Certificate Deed Order Xli Rule Jharkhand Hc Order Xli Rule 27 Ramwati Devi Ramwati  defendants  jharkhand  hc  death  evidence  relevant  sale  pleadings  ramwati  certificate  introduce  court  order  property  devi  deed  rules  dispute

History of this topic

Trial Courts Must Conduct Summary Inquiry Under O.22 R.5 CPC To Ascertain Legal Heirs In Disputes: Jharkhand High Court
3 weeks, 1 day ago

Trial Courts Must Conduct Summary Inquiry Under O.22 R.5 CPC To Ascertain Legal Heirs In Disputes: Jharkhand High Court

Live Law  

The Jharkhand High Court in a judgment delivered recently emphasised the mandatory nature of conducting a summary inquiry under Order 22 Rule 5 of the Civil Procedure Code when disputes arise regarding the legal heirs of a deceased plaintiff or defendant. Justice Subhash Chand, presiding over the case, held: “Where there is dispute in regards to legal heirs of deceased …

Jharkhand Building Control Act | Family Member Residing With And Dependent On Deceased Tenant Qualifies As Legal Heir: High Court
1 month, 1 week ago

Jharkhand Building Control Act | Family Member Residing With And Dependent On Deceased Tenant Qualifies As Legal Heir: High Court

Live Law  

The Jharkhand High Court has held that a family member who resided with and was dependent on a deceased tenant qualifies as a legal heir under the proviso to Section 5 of the Jharkhand Building Act, 2011. and the proviso of Section 5 of the Jharkhand Building Act, 2011 the petitioner who has averred himself to be the nephew of …

[Indian Succession Act] Question Of Title Over Property Can't Be Decided During Probate Proceedings, Requires Filing Of Separate Suit: Patna High Court
7 months ago

[Indian Succession Act] Question Of Title Over Property Can't Be Decided During Probate Proceedings, Requires Filing Of Separate Suit: Patna High Court

Live Law  

The Patna High Court has held that the probate proceedings are not the appropriate stage to adjudicate on the title and interest of a testator under the Indian Succession Act, 1925 and that the determination over the question of title could be done only by filing a separate suit. The High Court stated that probate proceedings are not a place …

Telangana HC To Decide on Paigah Land Sale Deed to Nizam
10 months, 3 weeks ago

Telangana HC To Decide on Paigah Land Sale Deed to Nizam

Deccan Chronicle  

Hyderabad: The Telangana High Court will decide on whether the execution of a sale deed bearing document No. The common sale deed is said to have been executed for the transfer of approximately 38,70,720 shares of Paigah land at Hydernagar, Hasmathpet, Malkaram, Khaderabad, Ghansaiguda and other places to Mir Osman Ali Khan and one other by the members of the …

Mere Registration of Will Not Enough to Assign It Validity: Supreme Court
1 year, 3 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 …

Banke Bihari Temple Land Ownership Changed As Graveyard? : Allahabad HC Seeks Entire Revenue Records
1 year, 4 months ago

Banke Bihari Temple Land Ownership Changed As Graveyard? : Allahabad HC Seeks Entire Revenue Records

Live Law  

The Allahabad High Court has directed for the production of the entire revenue records in connection with the change in the ownership of the Banke Bihari Ji Maharaj temple land in Mathura as a 'graveyard'.The bench of Justice Saurabh Srivastava passed this order on a petition filed by Sri Bihari Ji Seva Trust. The Allahabad High Court has directed for …

Woman's Rights Over Deceased Husband's Property Cease if Remarriage Proven: Chhattisgarh HC
3 years, 6 months ago

Woman's Rights Over Deceased Husband's Property Cease if Remarriage Proven: Chhattisgarh HC

News 18  

The Chhattisgarh High Court has observed that rights of a woman over the property of her deceased husband would cease if her remarriage is "strictly proven" as per the law. A bench of Justice Sanjay K Agrawal made the observation in a recent order, while dismissing an appeal related to a property suit filed against Kiya Bai by her deceased …

Supreme Court Weekly Round-Up
5 years, 3 months ago

Supreme Court Weekly Round-Up

Live Law  

Succession To Mutawalliship By Descendant Through Female Line Not Barred The Supreme Court held that there is no legal bar on cognatic heirs of the waqif from succeeding to mutawalliship. Section 102 CrPC- Expression 'Any Property' Does Not Include 'Immovable Property' The Supreme Court held that the expression 'any property' appearing in Section 102 of the Code of Criminal Procedure …

Inherited Property Of Hindu Widow Who Dies Intestate Shall Devolve Upon Both Son And Daughter: Bombay HC [Read Judgment]
5 years, 9 months ago

Inherited Property Of Hindu Widow Who Dies Intestate Shall Devolve Upon Both Son And Daughter: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently denied relief to a man claiming sole right over ancestral property left behind after the death of both his parents and ruled in favour of his sister who is claiming her right over the said property. The court held that inherited property of a widow covered under the Hindu Succession Act shall devolve upon her …

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