Relevancy of certain judgments in probate, etc., jurisdiction.
What this section does
A final judgment, order, or decree of a competent court or tribunal in probate, matrimonial, admiralty, or insolvency jurisdiction that confers, takes away, or declares a legal character, or declares entitlement to a specific thing absolutely (not merely against a specified person), is relevant when such character or title is in question. Such judgment is conclusive proof of when the legal character accrued, ceased, or when the property vested, as declared therein.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
Final judgments in probate, matrimonial, admiralty, or insolvency jurisdiction are conclusive proof of the legal character or title they confer, declare, or extinguish.
When it applies
- A probate decree granting letters of administration is conclusive proof that the administrator's legal character accrued from the date the decree came into operation.
- A matrimonial court decree of divorce is conclusive proof that the marital status ceased from the date declared in the decree.
Practitioner note
Section 35 also incorporates what was s.42 IEA (now BSA s.36) within its fullText due to a drafting overlap in the source text.
Derived from IEA s.41.
Read the official text
For the binding statutory text of BSA Section 35, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 35 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.