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Limitation Act.

(Querist) 14 February 2009 This query is : Resolved 
Sir,
Is there any Limitation Act - Time Limit for giving a will for probate ? My lawyer says that a will can be given for probate only within 3 years from the death of the drawer of the will. Can you pls. give me the Act No.
Thanks Kalyani
kalyani choudhury (Querist) 14 February 2009
RAKHI BUDHIRAJA ADVOCATE (Expert) 16 February 2009
I don't think so. I don't agree with my ld. friend.
Manish Singh (Expert) 16 February 2009
In Pamela Manmohan Singh v. State ILR (2000) 1 Del 289 the view expressed by the Delhi HC was that Article 137 of the Limitation Act would apply to probate proceedings, but the legatee or executor should apply for probate within 3 years of date of knowledge.It ws held that the period of three years would surely commence at least from the date on which a legatee under a Will could be tifiably ascribed with the knowledge that the Will on which his claim is founded is likely to be disputed by other persons ecially the natural heirs of the Testatrix.
sanjeev murthy desai (Expert) 17 February 2009
absolutly right, Thank you Mr. Manish
Adv.Shine Thomas (Expert) 18 February 2009
Mr.Manish is correct
Kamlesh soni (Expert) 18 February 2009
i do agree with Mr.Manish is correct
kalyani choudhury (Querist) 22 February 2009
Dear Mr. Manish,
Thank you very much for enligtning me. Can you pls. inform whether my lawyer can take UPthis point with the Supreme Court ?

He had presented an Application in High Court for dismissal of the probate case stating that Since my father's Will has been given for probate 5 years after death of my father (We brothers & sister were aware of not aware any such will existed atall),by my mother but only after she had willed the entire property to my younger brother to the exclusion of all other siblings including me.My mother is the executor of the will said to have been made by my father and she is the sole beneficiary also. The will has 2 witnesses who are my brother's (who is the sole beneficiary of my mother's will)childhood friends.My mother and younger brother(Who is the sole beneficiary of my Mother's will) reside in my father's property which is in dispute and we - the other children have no access to the property which is padlocked from inside by the occupants and guarded by 2 ferocious dogs to keep us out.

The double bench in High Court has rejected the Application of My lawyer which stated that the period when the will was produced and given for probate is over 5 years whereas it should be within 3 years so the probate case should be dismissed. We don't know why it was rejected.Can you pls. help? kalyani
kalyani choudhury (Querist) 22 February 2009
Thanks
B.B.R.Goud. (Expert) 23 February 2009

i do agree with learned counsel-friends
kalyani choudhury (Querist) 24 February 2009
Pls.inform on what basis the double bench dismissed my lawyers application?Kalyani
Manish Singh (Expert) 25 February 2009
if the mother was the executor, alongwith your brothers as witnesses pertaining to the will then the limitation starts from the date of father's death since they were very aware of the said will. so appeal against the said order of the HC or go for review of the said order citing appropiate cases.
if you hadnt filed your objections while the probate proceedings were going on at civil court at appropiate time, the you have lost your rights.
kalyani choudhury (Querist) 01 March 2009
Thank you Mr. Manish for your answer.

The probate proceedings are still on and my mother is the sole beneficiary of my fathers will and the executer too., while my brother,s(Who is the sole beneficiary of my mother's will) 2 best friends are the two witnesses to my fathers will which was produced/concocted by them 5 years after his death.
The High Court has rejected my lawyers appeal though he cited some cases. Now we don't know what to do.

Kalyani
Manish Singh (Expert) 02 March 2009
go for appeal in the SC and cite some SCs judgments. that, i hope settle your problem. here one thing should be kept in mind that if the will is not unlawful, even limitation shall not affect the validity of the will since the will was made for the benefit of the legatees.
kalyani choudhury (Querist) 02 March 2009
Thannk you once again Mr. Manish. I think that is exactly what we will do.
Kalyani


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