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Showing contexts for: testamentary document in Mahipal Singh And Others vs State Of Haryana And Others on 13 February, 2019Matching Fragments
"6. A non-testamentary document is one
A. Which is intended to take effect or be operative immediately on
its execution
B. Which is final
C. Which is irrevocable
D. All the above
E Which is revocable"
The correct answer is option 'D'. A non-testamentary document means any document except a Will. For such a document, it is imperative that it should not only be final and irrevocable but should also be intended to take effect or become operative immediately on its execution. Thus, a document like a sale deed not only becomes operative immediately on its execution but is also final and irrevocable. Thus for a non-testamentary document to acquire recognition in law, it needs to possess a final and irrevocable character and thus, option 'D', out of all the options, was the most appropriate answer. In respect of question No.40, counsel for the petitioners have submitted that the respondents have wrongly given the answer as Option `D', whereas it should have been Option `A'. According to them, there is nothing like "Indian Biometric Identification Scheme". In this regard, counsel for the petitioners have referred to "The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016, whereas counsel for the respondents has referred to a decision of the Supreme Court rendered in the case of Justice K.S.Puttaswamy (Retd.) vs. UOI and others, AIR 2017 SC 43 of 57 CWP No.2943 of 2019 and other connected cases [ 44 ] 4161. Counsel for the respondents has referred to the observations of Justice D.Y.Chandrachud in which he was referring to the norms for and compilation of demographic biometric data by the Government while there was constitutional challenge to the Aadhaar card scheme of the Union Government in regard to the norms for and compilation of demographic biometric data, which was questioned on the ground that it violates the right to privacy. She has also referred to the view of Justice S.A.Bobde to contend that the dispute before the Court was in regard to the Aadhaar project much-less to the biometric scheme introduced by the Government of India. Further, learned counsel for the respondents has submitted that the examinee has to read the question carefully before attempting the same. In the said question, it has been specifically asked that in what context, the Supreme Court, in 2017, held that right to privacy is protected under Article 21 of the Constitution of India. She has laid much emphasis on the words "in 2017" and "in the context of".
We are not satisfied with the explanation given by the petitioners because the effect of opinion of the experts upon the Court is only advisory in nature as the judge can also form an opinion contrary to that of the expert, therefore, the answer Option `D' is found to be more appropriate and hence, the objection raised by the petitioners in this regard is also rejected.
Insofar as Question No.6 is concerned, it pertains to a non-testamentary document. The answer given by the respondents is Option `D' which says "all the above", whereas according to the petitioners, it should have been Option `A' only. However, a testamentary document is a Will while all other documents are non-testamentary in nature. For example, a document like a sale deed not only becomes operative immediately on its execution but is also final and irrevocable until and unless it is challenged before the Court of law by way of a suit for declaration on the ground of fraud and misrepresentation.