In Ankush Tiwari v. State of Madhya Pradesh (17 February 2025), a non-tribal claimant relied on a will…
The High Court followed the protective interpretation in Chambaram v. Chanda and held that a will could not be used to avoid the safeguard in the case before it. It…
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In Ankush Tiwari v. State of Madhya Pradesh (17 February 2025), a non-tribal claimant relied on a will made by a tribal Bhumiswami. How did the Madhya Pradesh High Court apply section 165(6) of the Madhya Pradesh Land Revenue Code, 1959?
Answer and explanation
Correct answer A
The High Court followed the protective interpretation in Chambaram v. Chanda and held that a will could not be used to avoid the safeguard in the case before it. It dismissed the second appeal.
Option feedback
Option A
The High Court held that a declaration could not be granted on the will without compliance with the permission safeguard.
Option B
The Court rejected a blanket testamentary exception in that case.
Option C
Execution of a will does not itself vest title during the testator's life.
Option D
The Court applied the Code's protection for tribal land to reject an unrestricted power of disposition.
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Madhya Pradesh Judicial Services