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...Court, it was not correct in observing that the application for grant of probate or letters of administration is not covered by Article 137 of the Limitation Act. Same is not correct in view of what...District Judge had held that the petition for grant of letters of administration of will dated 9-9-1991 purportedly executed by late Shri Mohinder Singh Khandpur was not barred by limitation and was...short “the Act”) for grant of letters of administration was filed on 7-8-2002, and therefore, the same was barred by limitation. The learned Additional District Judge after referring to Section 232...
...appellant took the plea that the probate petition was barred by limitation.2. It was argued by the learned counsel for the appellant that in view of...analogy, Article 137 of the Limitation Act would apply to proceedings for grant of probate. Learned counsel for the appellant on the basis of a decision of the Division Bench...Section 3 of the Limitation Act to advance his plea that even if he has not taken it in the written statement to the probate proceedings filed by re...
...Kaur (2008) 8 SCC 463 limitation period for filing of a petition for probate is three years under Article 137 of the Limitation Act, 1963 however, the period of three...to the knowledge of the appellants/petitioners or Sh. Radhey Shyam would then limitation would begin for filing of the probate petition.3. In the facts of the present case, it is seen...that the objectors being the respondent nos. 2 to 5 in the probate petition, though took up a defence of petition being barred by limitation, however, neither in the written statement/objections of all...
...1. This is an appeal from an order of the District Judge of Tippera, rejecting, on the ground that it was barred by limitation, an application for probate of the, will of one Obhoy...Article 178, sched. ii of the Limitation Act.
3. We think that the lower Court was mistaken in applying the Limitation Act to a petition for probate. If the article quoted be read...of 1871, no such article as this article (No. 178) was included, and under those Acts no question of limitation could have arisen in respect of an application for probate. It may fairly be...
...probate was granted and that till that time there was no legal representative, of the testator against whom limitation could run.The contention is based on...the testator and the grant of probate. Limitation in such a case would be governed by section 17 sub-section (1) of the...authority for the proposition that applications for probate are not governed by the law of limitation. The decision contains nothing to suggest that till probate is obtained, limitation will not run in...
...I.L.R. 8 Mad. 207 so early as November 1884, that the Limitation Act was not intended to apply to an application for probate, an application under the Religious Endowments Act, an application for a...the operation of the Limitation Act probably is that the application for probate is in the nature of an application for permission to perform a duty created by a will or for recognition as a...Procedure, so as to let in the law of limitation and indirectly to defeat the object of the legislature in exempting applications for probate from the Act of Limitations. The Judge is also in error in...
.... State . (2005) 125 DLT 281 to hold that the Limitation Act has no application to proceedings seeking for probate...in order to construe the proceedings for grant of probate or letters of administration as applications coming within the meaning of an “application” under Article 137 of the Limitation Act, 1963...probate or letters of administration is not covered by Article 137 of the Limitation Act. Same is not correct in view of what has been stated in Kerala SEB case...
...limitation. In the lower Court the parties seem to have concentrated their attention on the question of the service of the citation though the respondent's knowledge of the probate proceeding and limitation...ground that the Limitation Act does not apply to applications for grant or revocation of probate.
3. In appeal we have been pressed to hold in favour of the appellant on all the three...we can hold that the respondent had knowledge otherwise of the probate proceeding.
5. On the question of limitation, it has been urged on us that an order granting probate being a...
...learned advocate appearing on behalf of the appellants that till the will is unprobated, right to apply for probate is a continuous cause of action, therefore, Article 137 of the Limitation Act shall not...the Limitation Act will apply to any right which arises on account of probate of will. It is submitted that in such a case the right accrues on the date of grant of probate, and therefore, the period of...High Court has erred in its reasoning that Probate Case No. 15 of 2001 is not barred by limitation because it is the first probate petition filed in India, as the earlier probate proceedings were in...
...the amendment should not have been allowed.3. Respondent's contention is that for the grant of probate or letters of administration no period of limitation is provided either under the...contention of the respondent that for probate and letters of administration proceedings there is no period of limitation. That was a case where compensation was claimed for the trees out and removed from the...cannot be any starting point of the period of limitation. The right to apply for a probate accrues from day to day so long as the will remains unprobated. As the right to apply accrues every day and the...
...limitation against the executor in respect of such causes of action between the death of the testator and the grant of probate. Limitation in such a case would be governed by S. 17, sub...competent jurisdiction in India has granted probate of the Will under which the right is claimed, or has granted letters of administration with the Will or with a copy of an authenticated copy of the Will...jurisdiction within the province shall have granted probate of the Will under which the right is claimed, or shall have granted letters of administration under S. 180.”27. Scrutiny of a long...
...making is whether Article 100 or Article 137 of the Limitation Act, 1963 applies to set aside the decision granting probate of a Will of a Hindu under the Indian Succession...application of the Limitation Act, 1963 to probate proceedings. Therefore, the provisions of Limitation Act is...falls within the scope of Article 137 of the Limitation Act. Following the said judgment, it was held that application for grant of probate and letters of administration is...
...had otherwise knowledge of the probate proceeding. At the hearing of the application before the Judge a further contention was raised that the application was barred by limitation. In the lower Court...the parties seem to have concentrated their attention, on the question of the service of the citation, though the respondent's knowledge of the probate proceeding and limitation were also urged. The...the Limitation Act does not apply to applications for grant or revocation of probate.4. In appeal we have been pressed to hold in favour of the appellant on all the three points stated...
...from the date of grant of probate. The learned District Judge dismissed the application both on merits as well as on grounds of limitation. The High Court in...limitation. As there is no provision under the Limitation Act specifying the period of limitation for an application seeking revocation of grant of probate, Article 137 of the Limitation Act will apply...proceedings for grant of probate come within the meaning of an application under Article 137 of the Limitation Act, 1963. The judgment 1990 SCC OnLine Mad 200...
...is no provision under the Limitation Act or under the IS Act specifying the period of limitation for filing an application seeking revocation of grant of probate or letter of administration. On a...held that the limitation for filing application seeking revocation of grant of probate will be covered by Article 137 of the Limitation Act which is the residuary Article and prescribes a period of...limitation for three years. The Hon'ble Supreme Court further held that 'one must keep in mind that the grant of probate by a competent court operates as a judgment in rem and once the...
...urged before us in support of this appeal was that the application for probate was barred by the law of limitation. It should be noted that the Will in question was executed on the 30th May, 192...application for probate, at the time when it was made, was barred by the law of limitation urged that Article 181 of the Limitation Act would apply to an application for probate...the Limitation Act would not apply to an application for probate. He contended that the said Article applied only to applications made under the Code of Civil Procedure and to applications...
...for the respondents would submit that the Probate was granted in the year 2001 and this application has been filed after a long delay and hence the application is barred by limitation. Further the...the proceedings, but against the world. If the probate is granted, the same operates from the date of the grant of the probate for the purpose of limitation under Article 137 of...the Limitation Act in proceedings for revocation of probate. In this matter, as mentioned supra, the appellant was a minor at the time of grant of probate. She attained majority...
...that the absence of a period of limitation to apply for a probate or Letters of Administration would not apply in respect of the Civil suit or an application for revocation of probate. In the above...Article 137 of the Limitation Act applies to probate proceedings and its revocation. For the purposes of limitation, time will begin to run only from the time the Appellant...learnt about the grant of the probate. So far as partition suit is concerned, it is her submission that her claim for partition is not barred by limitation as till she claimed partition of her deceased...
..., Guwahati in Misc. (P) Case No. 221 of 2002 dismissing the probate application on the ground of limitation.2. The appellant Ramji Goala filed application under section 276...explanation as to why appeal would not be filed within the statutory period of limitation. Under such circumstances, the learned District Judge rejected the probate application on the ground of...admittedly filed on 28.11.2001 and thus it was beyond the statutory period of limitation. Mr. S Gogoi, learned counsel for the appellant would argue that probate of a Will is covered by special...
...assets are situate.”12. The Indian Succession Act, 1925 does not prescribe a specific period of limitation for the grant of probate, or for moving an application for...cancellation of probate or letters of administration. The residuary entry Article 137 of the Act, which covers proceedings for which no period of limitation is stipulated in the Act, provides for a three-year...prescribes no period of limitation in regard to matters concerning grant of probate or letters of administration, there is no time limit. The court followed the decision in the...