DAMA SESHADRI NAIDU, J.

Introduction:

1. The controversy concerns a will-testament-and the parties are Christians. One of the legal heirs to the testator wanted letters of administration. It was opposed. In this first appeal, only two issues arise: Do the statutes of limitation apply to the proceedings under section 213 of the Indian Succession Act, 1925, (“the Act”)? Is the amendment to section 213 of the Act prospective or retrospective? Granted that both are pure questions of law, we propose to refer to the facts only for contextualising the controversy.

Facts:

2. One Yohannan, the common ancestor, died testate on 24 October 1978. He executed his last will on 24 June 1974, after executing and cancelling a series of wills-at least four times. Yohannan was survived by two daughters, whose children now fight for his estate. That is, the succession dispute involves his grandchildren and their children.

3. Chellamma John, the wife of Yohannan’s one of the grandsons, and her children filed OP (LA) No. 290 of 1996 claiming the letters of administration; they base their claim on Yohannan’s registered will No. 34 of 1974. Later, the original petition was renumbered as OS No. 3 o