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Question Bank
Question
Explain the legal status of a registered will executed by a Hindu male over coparcenary property. What presumptions and burden of proof apply under the Indian Evidence Act, 1872?
Solution
A registered will (Section 18 of the Registration Act, 1908) executed by a Hindu male over coparcenary property (Section 6, Hindu Succession Act, 1956) is valid only if it disposes of the testator’s undivided share in such property. The law presumes genuineness for registered wills (Section 114(e), Evidence Act). However, the burden of proof shifts to the person challenging the will (e.g., alleging coercion or fraud) to prove suspicious circumstances (Section 101, Evidence Act). If the challenger admits the testator’s signature (as in the judgment), the burden intensifies to rebut the will’s validity.
Question
What is an oral family arrangement in Hindu law? Discuss its enforceability and evidentiary value even if unregistered?
Solution
An oral family arrangement is a mutual agreement among family members to settle disputes over property amicably. It is enforceable under Hindu law if it:
Resolves bona fide disputes,
Ensures peaceful enjoyment of property, and
Is acted upon by parties (e.g., possession, cultivation).
Being unregistered, it cannot confer title to immovable property (Section 17(1)(b), Registration Act). However, it can be used as evidence to prove nature of possession or existence of an agreement (Section 49, Registration Act). Courts uphold such arrangements to honour family harmony over technical flaws.
Question
How does the Hindu Succession Act, 1956 determine the share of a widow in her deceased husband’s property when he dies intestate? Distinguish between self-acquired and ancestral property?
Solution
Under Section 8 of the Hindu Succession Act, 1956, a widow inherits equally with other Class I heirs (e.g., sons, daughters) if the husband dies intestate. Her share depends on the property’s nature:
Self-acquired property: She inherits an equal share (e.g., 1/3rd if there are two children).
Ancestral/coparcenary property: She inherits the husband’s undivided interest (Section 6). If the property is partitioned, she receives her husband’s share. A widow cannot claim partition but is entitled to maintenance.
Question
Explain the doctrine of estoppel under the Indian Evidence Act, 1872. How does acquiescence affect property disputes?
Solution
Estoppel (Section 115, Evidence Act) prevents a person from denying a fact they previously acknowledged if another person relied on it. In property disputes, acquiescence (implied consent through silence) creates estoppel. For example:
If Party A fails to challenge a sale deed (e.g., 2-acre sale in the judgment) despite knowledge, they lose the right to later contest the seller’s title.
Acquiescence must show voluntary acceptance and prejudice to the other party. Estoppel binds parties to their admissions or conduct to prevent injustice.
Question
What is the evidentiary value of admissions made by a party during cross-examination? How do they influence burden of proof?
Solution
Admissions (Section 17, Evidence Act) made during cross-examination are conclusive proof against the party making them. Key principles:
They shift the burden of proof (Section 106, Evidence Act) to the admitting party to rebut their own statement.
For instance, admitting a testator’s signature on a will (as in the judgment) or possession of a property weakens the challenger’s case.
Courts treat such admissions as binding and can decree suits based on them if uncontroverted.
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