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Diya Arvind   11 March 2022

legal maxim

What is the scope of the maxim of Allegio Contra Factum No Est Afmittenda?


 1 Replies

Aarushi   11 March 2022

The maxim of Allegatio contra factum non est admittenda is a Latin phrase which says that an allegation contrary to a deed is not admissible. It simply says that a person wo has signed a deed having certain conditions on it cannot refute having done so. Once someone has agreed to certain facts on a deed, and it has been verified by the Court of Law, he cannot go back and deny having agreed upon those facts.

Smt. Chander Prabha v. State

The petitioner filed a case in the Court pleading to be granted access to the letters of Administration concerning three immovable properties. It was later found that the petitioner had signed a deed confirming that no estate of the deceased existed whose letter of Administration can be obtained. The Court thus applied the peincipal of Allegatio contra factum non est admittenda and held that since the petitioner has already signed a deed stating that no estate of the deceased exists, she cannot come to the Court now and demand a letter of Administration.

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