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BIBEK CHAUDHURI, ANSHUMAN
Arun Kumar – Appellant
Versus
Niramal Devi – Respondent
Dr. Anshuman, J.—Heard learned Counsel for the appellants and learned Counsel for the respondents of all three appeals.
2. First Appeal No.361 of 2001 has been filed against the Judgment and decree dated 22.06.2001 passed by the learned District Judge, Gopalganj, in Title Suit No.27 of 1987. First Appeal No.375 of 2001 has been filed against the judgment and decree dated 22.06.2001 passed by the learned District Judge, Gopalganj, in Probate Case No.11 of 1997 and First Appeal No.182 of 2003 has been filed against the judgment and decree dated 28.05.2003 passed in Title Suit No.15 of 1992, arising out of Probate Case No.21 of 1990 by the learned 1st Additional District Judge, Buxar, by which the suit has been allowed in favour of the plaintiff-respondent by granting probate to the defendant-appellant.
3. Vide Order No.41 dated 27.02.2020, the Hon’ble Single Bench has formulated a question, i.e., “what would be meaning of accrual of cause of action for the purpose of reckoning the period in the background of intricacies having been referred hereinabove in the context of principle laid down by the Apex Court as referred hereinabove relating to applicability of Article 137 of the Limitat
An application for grant of probate or letter of administration seeks recognition of the Court to perform a legal duty created by a will and is a continuous right which can be exercised any time afte....
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.
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....
Limitation applies to probate proceedings, but time spent in prior litigation may be excluded, allowing for a valid application for probate.
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.
Section 215 of Act is incorporated with effect of supersession on grant of probate or letters of administration.
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