Indiana Code 34-45-2-5. Contract actions involving heirs or devisees; competent witnesses
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Sec. 5. (a) This section applies to suits by or against heirs or devisees founded on a contract with or demand against an ancestor:
(2) to affect property described in subdivision (1) in any manner.
(1) to obtain title to or possession of property, real or personal, of, or in right of, the ancestor; or
Terms Used In Indiana Code 34-45-2-5
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(b) This section does not apply in a proceeding to contest the validity of a:
(1) will; or
(2) trust.
(c) Except as provided in subsection (d), neither party to a suit described in subsection (a) is a competent witness as to any matter that occurred before the death of the ancestor.
(d) A custodian or other qualified witness in a suit described in subsection (a) may present evidence that is admissible under Indiana Evidence Rule 803(6).
[Pre-1998 Recodification Citation: 34-1-14-7.]
As added by P.L.1-1998, SEC.41. Amended by P.L.33-2004, SEC.1.