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Which one of the following under Indian Evidence Act, 1872 is not a kind of estoppel ?
Question

Which one of the following under Indian Evidence Act, 1872 is not a kind of estoppel ?

A.

Estoppel by will

B.

Estoppel by deed

C.

Estoppel by conduct

D.

Estoppel by record

Correct option is A


There is no concept of "estoppel by will" under the Indian Evidence Act, 1872. Estoppel by deed, conduct, and record are recognized types of estoppels, but wills do not fall under this legal doctrine.
Information Booster:
Estoppel, under the Indian Evidence Act, 1872, is a principle that prevents a person from denying or going back on statements, conduct, or actions that were relied upon by another party. Various types of estoppels are recognized in law:
1. Estoppel by conduct (Section 115 of Indian Evidence Act): This type of estoppel arises when one person, by their words or conduct, induces another to believe something to be true, and the latter acts on that belief. The person who made the representation cannot later deny it.
2. Estoppel by deed: Estoppel by deed occurs when a party makes a solemn declaration in a deed and later cannot contradict what has been declared in the deed. This is mainly applied in matters related to property and contracts.
3. Estoppel by record (or res judicata): This form of estoppel arises when a matter has been adjudicated by a court of competent jurisdiction, and the decision is final. Once a matter is settled, the parties cannot re-litigate the same issue. This is closely related to the doctrine of res judicata.
Additional Knowledge:
1. Estoppel by will (Option a): There is no recognized form of estoppel by will under Indian law. Wills are treated differently, and their legal implications do not involve the estoppel doctrine. This makes Option (a) the correct answer, as it is not a valid kind of estoppel.
2. Estoppel by conduct (Option c): Estoppel by conduct is a well-established form of estoppel under Section 115 of the Indian Evidence Act. It prevents a person from acting in contradiction to a statement or action they have made if another party has relied upon it.
3. Estoppel by deed (Option b): Estoppel by deed prevents a person from denying the truth of statements or facts that are explicitly set forth in a deed. It applies particularly in matters of property rights or formal agreements.

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