BSA §35
Relevancy of certain judgments in probate, etc.
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Comparison
41. Relevancy of certain judgments in probate, etc., jurisdiction.––A final judgment, order or decree of a competent Court, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant. Such judgment, order or decree is conclusive proof –– that any legal character which it confers accrued at the time when such judgment, order or decree came into operation; that any legal character, to which it declares any such person to be entitled, accrued to that person at the time when such judgment 1[order or decree] declares it to have accrued to that person; that any legal character which it takes away from any such person ceased at the time from which such judgment, 1[order or decree] declared that it had ceased or should cease; and that anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, 1[order or decree] declares that it had been or should be his property.
35.
(1) A final judgment, order or decree of a competent Court or Tribunal, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant.
(2) Such judgment, order or decree is conclusive proof that— (i) any legal character, which it confers accrued at the time when such judgment, order or decree came into operation; (ii) any legal character, to which it declares any such person to be entitled, accrued to that person at the time when such judgment, order or decree declares it to have accrued to that person; (iii) any legal character which it takes away from any such person ceased at the time from which such judgment, order or decree declared that it had ceased or should cease; and (iv) anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, order or decree declares that it had been or should be his property.
What changedAI-inferred
Relevancy of certain judgments in probate, etc., jurisdiction.
Old position
IEA 41 is concerned with Relevancy of certain judgments in probate, etc., jurisdiction. Relevancy of certain judgments in probate, etc
New position
BSA 35 preserves the framework with drafting modernisations as required by the new code. Topic: Relevancy of certain judgments in probate, etc.. A final judgment, order or decree of a competent Court or Tribunal, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any
BSA 35 (Relevancy of certain judgments in probate, etc.) preserves the framework of IEA 41. BSA 35 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 35 text: A final judgment, order or decree of a...
Editorial deltaAI-indicated (source-linked)
BSA 35 (Relevancy of certain judgments in probate, etc.) preserves the framework of IEA 41. BSA 35 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 35 text: A final judgment, order or decree of a competent Court or Tribunal, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 41 continues to apply. For matters from that date forward, BSA 35 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 35 (Relevancy of certain judgments in probate, etc.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §41 → BSA §35 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bsa/35.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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