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KRISHNA S DIXIT, C. M. JOSHI
Nanjavudootha Swamiji – Appellant
Versus
S Linganna, S/O Late Somelinganna – Respondent
JUDGMENT :
KRISHNA S DIXIT, J.
'Where there is a will, there is a way’ said an English writer Mr.George Herbert (1593-1633) in his Book ‘Jacula Prudentusm’. Going by the rough statistical data relating to testamentary disputes, what Herbert said centuries ago can be restated with pun as: 'Where there is a will, there is a way to court’.
1. This Original Side Appeal calls in question the order dated 21.03.2024 made by a learned Single Judge of this court whereby, Respondents’ Application in I.A.No.2/2023 having been favoured, the Testamentary Original Suit No.1/2023 filed by the appellant herein has been dismissed as ‘barred by limitation’.
2. FOUNDATIONAL FACT MATRIX OF THE CASE:
(a) Appellant is the seventh successive Peethaadhipati (Pontiff) of Gurugunda Bramheshwara Swamy Mutt, also known as Nanjappaiah Mutt in Pattanayakanahalli of Tumkur District. It is the case of Appellant that in the Mutt tradition, the sitting Pontiff chooses a suitable person as his disciple (shishya) who can possibly become his successor-in-office, if the Pontiff executes a Will to that effect and breathes his last.
(b) Appellant instituted proceedings in Probate C.P.No.3/2017 in respect of a registered WILL d
Limitation applies to probate proceedings, but time spent in prior litigation may be excluded, allowing for a valid application for probate.
The accrual of the right to apply for probate and the determination of limitation is a mixed question of fact and law, and should be examined based on the averments made in the petition.
The right to apply for probate is a continuous right that can be exercised anytime after death, and delay does not constitute an absolute bar, requiring evidence for limitation determination.
The right to apply for probate is continuous and not strictly bound by a time limit, provided the execution and attestation of the will are established following legal requirements.
Limitation under Article 58 for challenging Will and sale deeds thereunder accrues not from mere knowledge of Will but from infringement via execution of deeds and mutation in records, amid pending p....
The main legal point established in the judgment is that the probate of a Will executed outside the local limits of the High Courts of Madras, Calcutta, and Bombay is not necessary under Sec. 213 of ....
Probate grants are judgments in rem, triggering a strict three-year limitation period for revocation, with knowledge of the grant not resetting this period. There was no evidence of fraud or procedur....
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