1983 (3) TMI 314 - HC - Indian Laws

Summary

Issues:
Limitation period for filing a petition for probate or letters of administration after the deceased's death.

Analysis:
The judgment addresses the issue of limitation in filing a petition for probate or letters of administration after the death of the deceased. The respondent argued that the petition was time-barred under Art. 37 of the Limitation Act, as it was not filed within 3 years from the date of the deceased's death. However, the court disagreed with this contention, explaining that the Limitation Act does not specify a time limit for such applications. The court highlighted that the right to apply for probate or letters of administration is a continuous right that can be exercised as long as the trust exists or remains to be executed. The court emphasized that the right to apply does not necessarily accrue on the date of the deceased's death, and the 3-year period is not an absolute bar of limitation. The delay in filing the application must be explained, and suspicion may arise with longer delays, but once execution and attestation of the will are proved, the suspicion of delay no longer applies.

The court rejected the argument that the right to apply necessarily accrues on the date of the deceased's death, emphasizing that such applications are for seeking the court's permission to carry out duties under a will or as a testamentary trustee. The court clarified that the right to apply can be exercised at any time after the death of the deceased, as long as the right exists. The judgment cited cases to support the view that delay in filing the application must be justified, and the reason for delay needs to be explained satisfactorily. The court highlighted that delay does not equate to an absolute bar of limitation, and the necessity to apply may arise beyond 3 years from the deceased's death, requiring explanation to the court's satisfaction.

In conclusion, the court summarized that there is no prescribed period within which an application for probate or letters of administration must be made after the deceased's death. The judgment clarified that the right to apply for such purposes is a continuous right that can be exercised as long as the trust exists, and the necessity to apply may arise at any time after the death of the deceased. The court emphasized the need to explain delays in filing such applications and distinguished between delay and the absolute bar of limitation. The judgment provides a comprehensive analysis of the limitation period for filing petitions related to probate or letters of administration after the death of the deceased.