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Pritam Gupta (Teacher)     01 March 2019

Question regarding will

I heard that a Will cannot be contested after twelve years of knowledge. Also from online sources I read that the Hon'ble Supreme Cpurt in Jamnadas vs Naveen Thakral & ors (2007), elaborated on this concept.

However I am unable to locate such a judgment. Therefore can somebody enlighten me on whether such a provision of law actually exists or not?

The above information will help me in an ongoing suit. Thanks in advance. 



Learning

 5 Replies

Pritam Gupta (Teacher)     01 March 2019

The issue in hand is about probate of Will and not any adverse possession.

Therefore the question is under which provision of law the twelve year limitation for contest of the Will after its date of knowledge is applicable?

G.L.N. Prasad (Retired employee.)     01 March 2019

If you are not competent to decide , let the matter be referred to a local advocate who will consider facts and may find out a way of showing the entire property as undivided joint family property, and a cosharer is enjoying the property on behalf of others and he might even come out that there was a fraud through will which was discovered only recently.  There are smart professionals that can find out a way in sheer darkness.

G.L.N. Prasad (Retired employee.)     01 March 2019

But at the end it is the truth that alone triumphs.

P. Venu (Advocate)     01 March 2019

A Will could be contested only by filing a civil suit. And the civil suit needs to be filed within the period of limitation. There is no provision for condoning delay in filing a civil suit.

Dhiraj Jain   20 November 2022

Have u received Jamnadas vs Naveen Thakral & ors (2007) judgment.


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