AIR 2011 GUJARAT 55

Gujarat High Court

Hon'ble Judge(s): S. J. Mukhopadhaya , C.J. AND K. M. Thaker , J

Succession Act (39 of 1925) , S.63— Transfer of Property Act (4 of 1882) , S.5— Bombay Land Revenue Code (5 of 1879) , S.73AA— Bombay Tenancy and Agricultural Lands Act (67 of 1948) , S.63— Execution of will - Will cannot be executed in contravention of law - Occupancy rights of tribal cannot be transferred by any tribal to any other tribal or non-tribal in view of restriction under S. 73AA of Bombay Land Revenue Code - Similarly tenant-owner of agricultural land cannot wish nor can show his intention to transfer his right on agricultural land to a non-agriculturist by executing a will in contravention of Sec. 63 of Bombay Tenancy Act. If law do not permit and there is a prohibition to do certain thing, or there is a prohibition to do certain act except in certain manner, any document or agreement or anything in contravention to such provision of law, is illegal and invalid. During the lifetime of a living person, if the person is under restriction to execute certain document and thereby has no right to transfer his occupancy or no right to transfer his interest under one or other Act, he cannot execute any document, including a will showing his wish and intention in regard to such property in contravention of such law. Therefore, a tribal even cannot wish nor can show his intention to transfer his right of occupancy to a tribal or non-tribal, there being re....