Section 35 of BSA : Section 35: Relevancy of certain judgments in probate, etc., jurisdiction.
BSA
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Explanation using Example
Example 1:
Scenario: Probate Jurisdiction
Ravi's father passed away, leaving behind a will that bequeaths his entire estate to Ravi. Ravi's stepbrother, Suresh, contests the will, claiming it is forged. The matter goes to the probate court, which examines the evidence and finally issues a judgment declaring the will to be valid and Ravi to be the rightful heir to the estate.
Application of Section 35:
- The probate court's final judgment confers upon Ravi the legal character of the heir to his father's estate.
- This judgment is relevant in any future disputes regarding Ravi's legal character as the heir.
- The judgment is conclusive proof that Ravi's legal character as the heir accrued at the time the judgment was issued.
Example 2:
Scenario: Matrimonial Jurisdiction
Priya files for divorce from her husband, Raj, on the grounds of cruelty. The family court examines the evidence and issues a final decree of divorce, declaring Priya and Raj legally divorced.
Application of Section 35:
- The family court's final decree confers upon Priya and Raj the legal character o...
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