9911796707
TMI Blog2006 (2) TMI 724X X X X Extracts X X X X X X X X Extracts X X X X ..... dication in this Court and that this case was connected with Testamentary Suit No. 2 of 1998, 15 of 1999, 6 of 2000 and 7 of 2000 and a petitioner by the Administrator General namely Testamentary Suit No. 26 of 2005. Time was given to the learned counsel for the petitioner to explain the delay in filing this application specially when five more petitions were pending in respect of the wills made by the same deceased, with conflicting interest. The applicant Sri Ram Singh has not offered any good and sufficient explanation for the delay in filing the application for Letters of Administration. Since the will does not require execution the prayer could only be made for Letters of Administration and not for probate. It has been held by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lease deeds and transfer deeds. 18. The Indian Succession Act 1925 does not provide for any limitation to file a petition for probate. Sri J. Nagar, Administrator General states that in the circumstances Article 137 of the Limitation Act 1963 would be applicable, which is residuary clause and provides that for any other application for which no period of limitation is provided elsewhere, the period of limitation will be three years, when the right to apply accrues. It is submitted by Sri S.K. Misra that in the case of will where no probate was granted, the cause of action to obtain probate accrues on every date until the will is probated. He submits that the residuary clause under Article 137 of the Limitation Act 1963 has no application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f a duly executed will. The Court took into account the delay as suspicious circumstances of not producing the Will. The plea of limitation and applicability of Article 137 of the Limitation Act was neither raised nor decided. In Smt. Leela Karwal vs. J Karwal and others AIR 1983 Allahabad 386, this Court observed in para 58 that there was no limitation prescribed for filing an application for grant of Letters of Administration. The delay in filing the petition is a matter to be considered while adjudicating upon the validity of the will in respect of which the grant of Letters of Administration has been sought. But the mere fact that a petition is filed after 13 years, cannot be a ground for holding it to be non-maintainable in law. 20. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 Patna 87) held that Article 137 of the Limitation Act 1963, will govern the petition for obtaining Letters of Administration. In John Feransic Anthony Gonsalves vs. Agnesmary Conception Rebell, AIR 2001 Bombay 372, the Bombay High Court did not frame any issue with regard to the applicability of the Limitation Act. It, however, held that the delay of 20 years will dis-entitle the legatee from executing the same and that relying upon Section 141 of the Indian Succession Act 1923 which provides that if a Legatee is bequeathed to a person whose name is given as an executer of the will he shall not take the lessee unless he proves the will or signifies, manifests an intention to act an executor and held that the delay of 20 years established ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present case offers an example of such facts. In the twenty years in which the will was not brought into light the properties in certain states have changed hands many times. The pro-pounder therefore is under obligation to satisfy the court that he has no knowledge about the execution of the will. The petitioner has not been able to satisfactorily explain the delay beyond three years. There is absolutely no pleadings as to when the applicant came to know about the execution of the will. The pleadings go to show that he had knowledge of the will from the date it was executed and had full knowledge of the date of death of Late Pt. Triyugi Narain. For the aforesaid reasons I find that this application is barred by limitation. Sri P.N. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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