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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SANJAY DWIVEDI
Ankush Tiwari – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. section 100 appeal regarding title claim from a will. (Para 2 , 3) |
| 2. factual background of property ownership claimed through a will. (Para 4) |
| 3. legal arguments presented regarding will's status under land transfer laws. (Para 5 , 6) |
| 4. court's observations on legal interpretations of transfer and will. (Para 8 , 9) |
| 5. judgment conclusion affirming previous rulings and dismissing the appeal. (Para 10 , 11) |
JUDGMENT :
SANJAY DWIVEDI, J.
1. This appeal is under Section 100 of the Code of Civil Procedure assailing the judgment and decree dated 16.11.2022 passed by V Additional District Judge, Katni in Civil Appeal RCA No. 66/2022 dismissing the same affirming the finding given by the trial court dismissing the suit i.e. Civil Suit No. RCSA 318/2021 decided by order dated 20.06.2022.
2. This appeal is of 2022 and was admitted on 24.09.2023 on the following substantial question of law:-
“Whether the courts below were justified in holding that the appellant did not derive any right, title or interest in the land through the Will executed by late Lagni Bai because of the prohibition contained in Section 165 of the Land Revenue Code.?”
3. Before answering the submission made by
A Will executed by a tribal law owner does not require Collector's permission for validity under land transfer laws.
The sale deed for the property did not require permission from the Collector, and the suit was maintainable without a declaration of title.
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.
The main legal point established in the judgment is that the transfer of land without prior permission from the Collector under section 165(7-b) of the Madhya Pradesh Land Revenue Code is void ab ini....
Civil courts lack jurisdiction over matters under Section 170B of the Chhattisgarh Land Revenue Code, 1959, particularly regarding benami transactions involving members of aboriginal tribes.
The main legal point established is that in notified scheduled areas, permission of the Collector is required for transferring land from a Scheduled Tribe to a non-tribal, as per Section 165(6) of M.....
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