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DIVYESH A. JOSHI
Lh Of Late Jashvantbhai Abhesingbhai Vasava – Appellant
Versus
Jesingbhai Abhesingbhai Vasava – Respondent
JUDGMENT :
1. The present Second Appeal is directed against the judgment and order dated 25.11.2023 passed by the learned Additional District Judge, Narmada at Rajpipla in Regular Civil Appeal No.46/2021 as well as the judgment and order dated 30.10.2021 passed by the learned Principal Senior Civil Judge, Dediyapada in Regular Civil Suit No.7/2015.
2. The present Second Appeal has been preferred on following substantial questions of law,
(B) Whether Section 73AA of the Land Revenue Code, apply to the registered Will by the deceased in favour of the inter family?
(C) Whether Will which was registered before Sub Registrar under the Registration Act, without challenging the validity of the same, whether implementation can be withheld?
(D) Whether Article 58 of the Limitation Act, would be applicable for declaratory suit on the basis of registered Will?
(E) Whether defendants are barred by rejudicata once the Special Civil Suit No.
125 of 1998 was filed by them and dismissed?
(F) Whether previous sanction under section 73AA of the Land Revenue Code, would be required when property bequeath by way of Wi
A registered Will executed by a tribal cannot be enforced without prior permission from the Collector under Section 73AA of the Land Revenue Code, and failure to obtain probate invalidates the claim.
A Will executed by a tribal law owner does not require Collector's permission for validity under land transfer laws.
The court ruled that tenancy rights cannot be transferred by Will within ten years from acquisition under the MTAL Act, ensuring protection against alienation to non-legal heirs.
Cultivating tenancies under Tamil Nadu law are not transferable, and a tenant must contribute physical labor to qualify as a statutory tenant.
Agreements to sell land under the Gujarat Tenancy Act, 1948, without prior Collector approval are invalid and unenforceable, making related suits for specific performance unmaintainable.
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