(Querist) 13 September 2017
This query is : Resolved
A testmantry petition for obtaining probate with a will annexed od deceased father was filed in Bombay High Court by a son. Respondent sisters filed the Caveat and hence the petition was converted into suit. Suit is pending. In the mean time one sister died. My query is whether I should apply for Chamber order or chamber summons to bring legal heirs of sister on record AND what is the limitation period for both Applications.
(Expert) 14 September 2017
There IS NO TIME LIMIT OR PERIOD OF LIMITATION FOR FILING A PROBATE APPLICATION OR testamentary suit. AS REGARDS LRs they should be brought on record within 3 years of their father's or mother's death according to section 137 of Limitation Act.