Bai Sita Vs. Bhogi Lal Amritlal And Others On 17 March, 1922

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Bai Sita v. Bhogi Lal Amritlal And Others

Bai Sita
v.
Bhogi Lal Amritlal And Others

(High Court Of Judicature At Bombay)

Appeal from Appellate Decree No. 323 of 1921 | 17-03-1922

1. The appeal must be dismissed with costs. It is really a question of fact whether the property was the subject of an oral will by the plaintiff's husband. She after her husband's death was in possession of the property. But later on an entry was made in the Record-of-Rights in favour of the defendant. The plaintiff filed a suit for the rectification of the Record-of-Rights and she lost in both the Courts below on the ground that she had admitted in a deed of gift with regard to the suit property that her husband had bequeathed the property to the defendant by an oral will. The fact of the oral will could be proved by the admission of the plaintiff, although it was found in a recital in a deed which, to take effect as a deed of gift, would require registration. If the recital was required to be used to prove an oral will, then it could be proved, and any question of registration was irrelevant. The appeal is dismissed with costs.

Advocates List

G.N. Thakore R.J. Thakore

Bench List

HON'BLE JUSTICE NORMAN CRANSTOUN MACLEOD

C.J.

HON'BLE JUSTICE LALLUBHAI ASHARAM SHAH

Eq Citation

AIR 1922 BOM 149

LQ/BomHC/1922/76

HeadNote

A. Indian Succession Act, 1865 — S. 125 — Oral will — Proof of — Admission of plaintiff in a deed of gift with regard to suit property that her husband had bequeathed the property to defendant by an oral will — Fact of oral will could be proved by admission of plaintiff, although it was found in a recital in a deed which, to take effect as a deed of gift, would require registration — If recital was required to be used to prove an oral will, then it could be proved, and any question of registration was irrelevant (Para 1)