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CHANDRA KUMAR RAI
Somwati – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. overview of property ownership and will execution. (Para 2) |
| 2. arguments regarding the cancellation of the will and its implications. (Para 3 , 4) |
| 3. court's examination of facts and legal compliance. (Para 5 , 6) |
| 4. legal provisions regarding transfers by scheduled castes. (Para 7 , 8 , 9) |
| 5. court's rationale on why the will was void. (Para 10 , 11 , 12 , 13) |
| 6. final decision and dismissal of the writ petition. (Para 14 , 15) |
JUDGMENT
Chandra Kumar Rai, J.
Heard Mr. Rajeev Kumar, learned counsel for the petitioner, Shri Abhisekh Shukla learned Additional Chief Standing Counsel for the State-respondent and Shri Krishna Kant Singh, learned counsel for the respondent- Goan Shabha.
2. Brief facts of the case are that one Smt. Mittha Devi @ Mithula Devi wife of Salik Ram was the owner of plot No.944/15 area 0.405 hectare and Parsadi son of Badale was owner of plot No.944/13 area 0.405 hectare, who belongs to scheduled caste community. The aforementioned plots are situated at village Vasundhara, Pargana Marhara, Thesil and District Etah. Petitioner is the daughter of Prasadi. Smt. Mittha Devi had executed a registered will deed on 21.1.2000 in respect to his share of the pl
The Assistant Collector First Class is the sole authority to declare agricultural land transactions void under Section 166 of the U.P. Zamindari Abolition and Land Reforms Act.
Only the Assistant Collector First Class is authorized to declare transactions void under Section 157-A of the U.P. Z.A. and L.R. Act, requiring proper inquiry into caste claims before such declarati....
The court reiterated that admissions in a written statement regarding property transactions create binding effects on claims of ownership, thereby restricting contesting rights based on previously es....
Mutation proceedings under the U.P. Land Revenue Act do not confer title and are subject to the outcome of civil suits regarding property rights.
Mutation proceedings under the U.P. Land Revenue Act do not confer title and are subject to civil suits for declaration of rights.
The court affirmed that land recorded as Abadi under the U.P. Zamindari Abolition and Land Reforms Act, 1950, remains vested in the State, allowing for resumption under Section 117(6) despite claims ....
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