Searching Case Laws & Precedent on Legal Query.....!
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Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Cancellation of bail can and has been rejected on WhatsApp grounds across cases, as they fail admissibility tests, lack specificity (e.g., status vs. direct messages), and do not meet high bar for post-grant revocation (e.g., no fresh evidence of abuse). Courts emphasize repetition, fabrication claims, and need for overwhelming proof over electronic chats alone ["Ku.Akansha Sonkar vs The State Of Madhya Pradesh - Madhya Pradesh"] ["Miss X vs The State Of Madhya Pradesh - Madhya Pradesh"] ["James Kunjwal VS State Of Uttarakhand - 2024 6 Supreme 159"] ["RAJSHREE VERMA vs THE STATE (GNCT OF DELHI) AND ANR. - Delhi"] ["ARUN CHOPRA VS STATE OF PUNJAB - Punjab and Haryana"]. WhatsApp may support grant/denial of bail but rarely justifies cancellation without certification and cogency.
In today's digital age, WhatsApp messages and status updates often play a role in legal disputes. But can they form the sole basis for rejecting an application to cancel or revoke a will? The question arises: cancellation of will can be rejected on WhatsApp grounds. This blog post delves into Indian law, particularly Section 263 of the Indian Succession Act, 1925, to provide clarity. We'll examine statutory requirements, court precedents, and why WhatsApp evidence typically falls short in testamentary matters.
Note: This article offers general information based on legal precedents and is not a substitute for professional legal advice. Consult a qualified lawyer for your specific situation.
Revocation or annulment of probate or letters of administration is governed strictly by Section 263 of the Indian Succession Act, 1925. Courts may revoke a grant only for just cause, such as:
Illustrations include a forged or revoked will, or discovery of a later will. Importantly, WhatsApp messages or status updates are not identified as a statutory just cause for revocation or as grounds to reject an application. Courts focus on genuineness, delay, citation service, and limitation periods—none of which reference WhatsApp as decisive Manju Puri VS Rajiv Singh Hanspal - 2020 7 Supreme 756.
As one ruling notes: The grant of probate or letters of administration may be revoked or annulled for just cause. Manju Puri VS Rajiv Singh Hanspal - 2020 7 Supreme 756. However, revocation applications are often dismissed if there's inordinate delay without proof of recent knowledge. For instance: there was inordinate delay in filing the application... the observation that the application having been filed with inordinate delay and deserved to be rejected cannot be approved only if no prior knowledge shown. Manju Puri VS Rajiv Singh Hanspal - 2020 7 Supreme 756
Genuineness of the will is assessed only after establishing a prima facie just cause, and even then, evidence like opinion under Section 50 of the Evidence Act must relate to execution, not social media posts. The question of genuineness or validity of the Will... does not arise for consideration in a revocation proceeding under Clauses (a) to (c) of Section 263 before at least a prima facie case for revocation has been made out. PROMODE KUMAR ROY VS SEPHALIKA DUTTA - 1956 0 Supreme(Cal) 148
While WhatsApp evidence appears in various disputes, it is confined to non-testamentary matters like criminal complaints or contracts:
Criminal cases: In bail cancellation, contradictory affidavits involving WhatsApp abuse or status led to perjury complaints: the respondent no.2 intentionally filed false affidavit before the Court... whatsapp text status is being filed herewith. Court directed action under IPC 193, but no connection to wills James Kunjwal VS State Of Uttarakhand - 2024 6 Supreme 159. Similarly, an FIR for a WhatsApp status inciting enmity: created whatsapp status giving two messages namely; (1) AUGUST 5 BLACK DAY... (2) 14th August Happy Independence Day Pakistan. Under IPC 153A—purely criminal Javed Ahmed Hajam VS State of Maharashtra - 2023 0 Supreme(Bom) 277.
Contractual disputes: Courts evaluate WhatsApp alongside emails for agreements: Emails and WhatsApp messages will have to be read and understood cumulatively to decipher whether there was a concluded contract or not. An injunction was denied for weak evidence, highlighting the need for strong proof—but this applies to sale agreements, not wills AMBALAL SARABHAI ENTERPRISE LIMITED VS KS INFRASPACE LLP LIMITED - 2020 1 Supreme 57Parmeshwar Bharati VS State of U. P. - 2018 0 Supreme(All) 2348.
No precedents link WhatsApp directly to will revocation, such as proving fraud in execution or probate citation defects.
Beyond just cause, courts reject applications for:
In one case, an application under Order IX Rule 7 CPC to set aside an ex-parte order in a will cancellation suit was dismissed after 14 years at final hearing stage, as applicants had no independent right beyond impleadment Sulkhan Singh VS Jagmohan Singh - 2014 Supreme(Raj) 558.
Other judgments reinforce the narrow scope of will challenges:
No reason needed for cancellation: However, while cancellation of Will, no reason has to be assigned. But testators must explain excluding heirs. Suspicious circumstances must be dispelled under Sections 63 and 68 Thangam @ Chellammal VS Sivakami - 2016 Supreme(Mad) 3573.
Technicalities shouldn't defeat intent: The Will should not be rejected on the ground of technicalities. The effort of the Court should be that the genuine last Will of the deceased must prevail. Section 87 prioritizes testator's intention MOHINDER SINGH BHATIA VS STATE - 2007 Supreme(Del) 923.
Ancillary reliefs in property suits: Cancellation of deeds is tied to specific performance and doesn't stand alone: If the relief of specific performance is refused then the relief of cancellation would automatically be rejected. Jafar Imam VS Devender Chauhan - 2014 Supreme(Del) 1353.
Senior Citizens Act limits: Officers can't cancel documents; property disputes go to civil courts R. Kasturi VS Revenue Divisional Officer cum The Presiding Officer Maintenance and Welfare of Parents & Senior Citizens Tribunal, Erode - 2022 Supreme(Mad) 560. This underscores that specialized forums have bounded powers, akin to testamentary jurisdiction.
Bail-related cases highlight successive applications' scrutiny but don't extend to probate: In regard to cases where earlier bail applications have been rejected, there is a further onus on the court... AMIT KUMAR vs STATE OF HP - 2024 Supreme(Online)(HP) 9564.
Exceptions: WhatsApp might indirectly support fraud or undue influence under Section 263(b), but only after prima facie just cause—and no cases show it as standalone evidence. Delays from minority still bar claims after decades Lynette Fernandes VS Gertie Mathias since Deceased by Lrs. - 2017 8 Supreme 654.
In summary, while WhatsApp permeates modern disputes, it cannot single-handedly sustain or defeat will cancellation claims. For personalized guidance, approach a legal expert familiar with succession laws.
#WillRevocation #ProbateLawIndia #SuccessionAct
On earlier occasion she has filed an application for cancellation of bail and when that application was rejected accused has become more aggressive. ... Apart from this Whatsapp Chat has also been filed by the respondent no.2. Looking to the entire facts and evidence available on record, I am not inclined to cancel the bail granted to respondent No.2. 5. Accordingly, this application is rejected. ... It is further submitted that grounds which are mentioned in the application of prosecutrix does not exis....
Hence, no grounds are made out to invoke Section 439(2) of Cr.P.C. and no perverse order has Having considered the grounds urged by both the successive bail application without recording the fresh ground number of cases being pending against him and the powers has wherein the Apex Court discussed in detail and held that it is well settled in law that cancellation
The maintainability has been assailed on two grounds. Firstly, on the ground of limitation, and secondly, on the ground that the cancellation of bail cannot be sought under Section 14A of the SC/ST (POA) Act, 1989. ... Mere apprehensions and repetition of the allegations which were subject matter of consideration at the time of grant of bail cannot constitute valid-grounds for cancellation. The answering respondent submits that he has been strictly complying with all conditions of bail as imposed by this Court. ... indul....
It is stated the general speaking, the grounds for cancellation of bail, broadly attempt to interfere with the due course of administration of justice by the accused and therefore, rejected ... or to send whatsapp messages. ... the claim for cancellation of bail. ... It is held that the bail once granted cannot be cancelled on technical grounds, since the right p style="position:absolute;white-space
Thus, there are no valid grounds for granting bail. Hence, bail petition deserves to be rejected. 6. ... Bail petition filed before District and Sessions Judge was rejected. 3. ... At this stage, no grounds are made out to show that further custodial interrogation of the petitioner is required. 10. ... Violation of the above conditions would result in cancellation of the bail automatically. SD JUDGE Hmb ... Considering the facts and circumstances of the case....
(1995) laid down the grounds for cancellation of bail which are: (i) interference or attempt to interfere with the due course of administration of justice; (ii) evasion or attempt to evade the due course of justice; ... Having said that, in case of cancellation of bail, very cogent and overwhelming circumstances are necessary for an order directing cancellation of bail (which was already granted). 32. A two-Judge Bench of this Court in Dolat Ram v. ... The cancellation of bail cannot be done mechanica....
3.3 The complainant sought cancellation of such order of bail by way of Bail Cancellation Application No.24/2022. Various grounds were urged therein, including the appellant having made contradictory statements. ... For the kind perusal of this Hon’ble court a true photo copy of the whatsapp text status is being filed herewith and marked as Annexure No.9 to this bail cancellation application. 12. ... For the kind perusal of this Hon’ble court a true photo copy of the WhatsApp message....
For the kind perusal of this Hon’ble court a true photo copy of the WhatsApp messages and status text and instagram messages are being filed herewith and marked as Annexure No.7 to this bail cancellation application. ... Various grounds were urged therein, including the appellant having made contradictory statements. ... For the kind perusal of this Hon’ble court a true photo copy of the whatsapp text status is being filed herewith and marked as Annexure No.9 to this bail cancellation application. 12. .....
The above grounds are illustrative and not exhaustive. It must also be remembered that rejection of bail stands on one footing but cancellation of bail is a harsh order because it interferes with the liberty of the individual and hence it must not be lightly resorted to. 8. ... No case is made out for cancellation of bail. The petition is dismissed. ... From the impugned order, it is forthcoming that WhatsApp audio message was duly taken note of. There are no specific allegation against Poonam in the WhatsApp#....
In regard to cases where earlier bail applications have been rejected, there is a further onus on the court to consider the subsequent application for grant of bail by noticing the grounds on which earlier bail applications have been rejected and after such consideration, if the court is of the opinion ... Before concluding, we must note that though an accused has a right to make successive applications for grant of bail, the court entertaining such subsequent bail applications has a duty to consider the reasons and grounds#HL_....
Therefore, the sweep of Section 23 would be only with reference to the property that is in hands of setlee from the senior citizen. Once it passes on all third party question of cancellation or direction to cancellation will not arise.
However, while cancellation of Will, no reason has to be assigned. The testator must assign reason for excluding one of the legal heir by bequeathing property.
Few days back i.e. in the year 2012 when he sought information from his brother Kaur Singh, he was told that the suit seeking cancellation of will was going to be rejected, whereas he (deceased) wanted the will to be cancelled. When he met the counsel and was told that the counsel was not representing the deceased, the application was filed. So far as challenge to order dated 2.9.2014, dismissing the application filed by deceased Karnail Singh under Order IX, Rule 7 CPC is concerned, in the application the deceased took a plea that on summons of the suit being served, he wa....
If the relief of specific performance is refused then the relief of cancellation would automatically be rejected. It is only when the relief of specific performance is granted in favour of the Plaintiff that the Plaintiff would be entitled to claim the relief of cancellation. The relief of cancellation of sale deeds cannot be granted independent of the relief of specific performance.
The Will should not be rejected on the ground of technicalities. The effort of the Court should be that the genuine last Will of the deceased must prevail. Section 87 of the Indian Succession Act, 1925 clearly, specifically and unequivocally provides that the intention of the testator shall not be set aside because it cannot take effect to the full extent, but effect is to be given to it as far as possible. The statutory provisions and the rules are to be interpreted in a manner which would give effect to and further the intention of the deceased rather than to act in a man....
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