LIMITATION FOR PROBATE APPLICATION
Rajan Kaushal
(Querist) 09 August 2010
This query is : Resolved
In a case where the Will was disclosed and submitted for mutation immediately after death of the testator but was challanged in the civil court, application for probate was filed after 10 years as the earlier suit challanging the Will was not progressing, please let me know whther the Probate Case would be barred by time in the light of recent Supereme Court Judgements? Further after institution of Probate Case the Plaintiff in earlier civil suit gave statment that the decision of Probate Court would be binding in the Civil Suit? Whethwer the Probate Case would be time barred? Please inform with relevant SC judgements!
Surrender K Singal
(Expert) 09 August 2010
If the plaintiff of the earlier Suit is not challenging on limitation or otherwise, how would such question arise ?
Devajyoti Barman
(Expert) 09 August 2010
There is no time limit for making probate application.
s.subramanian
(Expert) 09 August 2010
yes. I agree with Mr.Barman. But the law and the courts expect a justifiable and valid explanation for the delay. that is all.
s.subramanian
(Expert) 09 August 2010
the decision of the probate court will not bind the civil court.
R.Ranganathan
(Expert) 16 August 2010
First of all, in the civil court how the question of will is being taken up. It should direct the parties to get the same transferred to proper court. When the civil court has no jurisdiction, then it cannot try it. High Court can take up the matter and there will not be any question of limitation since already the matter is pending and sub judice. Here if the civil court is trying the contents of the will, then either the civil courts' order will be binding on the parties or else the suit has to be referred to the High Court for transferring it to it.
Rajan Kaushal
(Querist) 23 September 2010
Can anybody give latest SC judgement on application of Art 137 on Probate Matters and on the point when the period of limitation starts ; As a civil suit was being defended by the beneficiary in civil court on the same matter with same parties?
Further (1) Whether the counter claim in civil court would be treated as a suit instituted under sec 3 of Limitation Act ? and Whether the earlier civil suit defence would be treated as prosecution by beneficiary under section 14 of the Limitation Act? Please provide Case Laws (Preferably of Delhi High Court/SC) Thanks!
Bidhan Dave
(Expert) 29 June 2011
Kindly refer judgment of Hon. Supreme Court which is published in 2008 (8) SCC 463. As per the Hon. Supreme Court, the probate application is to be filled within 3 years from the death of person who has willed away his property.
