time limit

This query is : Resolved 
 

(Querist)
09 June 2009

Supreme court had ordered a party to reply within 30 days of issue of notice to a case filed under limitation Act limitation for a will which says that a will must be given for probate within a period of three years. In this case the will was given for probate after 5 years.The party filed a reply.
A reply has to be filed by the petitioner -
What is the time limit normally given by the Supreme courtof India to file a reply as per rules ?


Manish Singh (Expert)
11 June 2009

the SC in its order must have stated specifically within which period the reply has to be filed.
f the other party gives a valid reason as to the delay for probate, the limitation will not apply.

kalyani choudhury (Querist)
11 June 2009

The other party says that the will was discovered exactly after three years (just after the time limit was over and it was given for probate two years after the discovery) though the etestator lived and expired in the same house.Is this a valid reason ?
Kalyani

kalyani choudhury (Querist)
11 June 2009

The Will says the other party was discovered in the house (where the testator lived and died and the other party also lives) exactly 3 years after the testator died and after the time limit was over. The will was given for probate 2 years after it was discovered. Is this a valid reason ?
Kalyani

kalyani choudhury (Querist)
11 June 2009

The Will says the other party was discovered in the house (where the testator lived and died and the other party also lives) exactly 3 years after the testator died and after the time limit was over. The will was given for probate 2 years after it was discovered. Is this a valid reason ?
Kalyani

kalyani choudhury (Querist)
11 June 2009

The Will says the other party was discovered in the house (where the testator lived and died and the other party also lives) exactly 3 years after the testator died and after the time limit was over. The will was given for probate 2 years after it was discovered. Is this a valid reason ?
Kalyani

kalyani choudhury (Querist)
11 June 2009

The Will says the other party was discovered in the house (where the testator lived and died and the other party also lives) exactly 3 years after the testator died and after the time limit was over. The will was given for probate 2 years after it was discovered. Is this a valid reason ?
Kalyani

kalyani choudhury (Querist)
11 June 2009

The Will says the other party was discovered in the house (where the testator lived and died and the other party also lives) exactly 3 years after the testator died and after the time limit was over. The will was given for probate 2 years after it was discovered. Is this a valid reason ?
Kalyani

kalyani choudhury (Querist)
11 June 2009

The Will says the other party was discovered in the house (where the testator lived and died and the other party also lives) exactly 3 years after the testator died and after the time limit was over. The will was given for probate 2 years after it was discovered. Is this a valid reason ?
Kalyani

kalyani choudhury (Querist)
11 June 2009

The Will says the other party was discovered in the house (where the testator lived and died and the other party also lives) exactly 3 years after the testator died and after the time limit was over. The will was given for probate 2 years after it was discovered. Is this a valid reason ?
Kalyani

kalyani choudhury (Querist)
11 June 2009

The Will says the other party was discovered in the house (where the testator lived and died and the other party also lives) exactly 3 years after the testator died and after the time limit was over. The will was given for probate 2 years after it was discovered. Is this a valid reason ?
Kalyani

Manish Singh (Expert)
11 June 2009

the party would be asked why the dealy has been made in terms of two years and if found reasonable the probate proceeding shall be ordered to start at the civil court(ad. d.j.)



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