Limitation Period for Applying for Probate of a Will: An Analysis Based on Court Judgments
Limitation Period for Filing Probate Applications: Key Ruling by the Calcutta High Court
The High Court of Calcutta, in a judgment delivered on 11th June 2020, addressed the question of limitation for registration for probate of a Will. The case involved a testator who died on 13th June 1993, having signed a Will on 16th April 1989. The application for probate was filed on 8th September 2014, more than 21 years after the testator's death. A legal heir sought to reject the probate application, arguing it was barred by Article 137 of the Limitation Act, which provides a three-year limitation period from when the right to sue accrues.
The opposing party argued that the right to apply for probate arises when the Will is debated or challenged, not from the date of death. The High Court ruled that Article 137 does apply to probate applications, but the limitation period begins only when the right is denied, leading to the need to assert it. This decision clarified when is probate required — the Court noted that the right to file for probate attended when the Will is disputed or when it becomes necessary to apply for probate in India.
The Court emphasized that India for NRI probate of will applications is not necessarily limited by three years from the date of death. The ruling was based on the Supreme Court's interpretation in the Shakti Bhog Food Industries Limited case, which clarified that the limitation period begins when the right to sue accrues based on the cause of action. The judgment highlighted that the purpose of probate is to give execute to the testator's Will, and this should not be defeated by delays on the executor’s part.
For NRIs, understanding India for NRI probate of will form and the necessary Documents required for probate will be crucial in ensuring the probate process is properly handled. India for NRI probate of will online services may also be available to facilitate this process remotely, making it more convenient for NRIs managing estates across jurisdictions. Whether you're wondering do you need to probate a will or looking for advice from the Probate Registry, knowing these details ensures your probate application is filed correctly.
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Read MoreLimitation Period for Applying for Probate of a Will: An Analysis Based on Court Judgments
Limitation Period for Filing Probate Applications: Key Ruling by the Calcutta High Court
The High Court of Calcutta, in a judgment delivered on 11th June 2020, addressed the question of limitation for registration for probate of a Will. The case involved a testator who died on 13th June 1993, having signed a Will on 16th April 1989. The application for probate was filed on 8th September 2014, more than 21 years after the testator's death. A legal heir sought to reject the probate application, arguing it was barred by Article 137 of the Limitation Act, which provides a three-year limitation period from when the right to sue accrues.
The opposing party argued that the right to apply for probate arises when the Will is debated or challenged, not from the date of death. The High Court ruled that Article 137 does apply to probate applications, but the limitation period begins only when the right is denied, leading to the need to assert it. This decision clarified when is probate required — the Court noted that the right to file for probate attended when the Will is disputed or when it becomes necessary to apply for probate in India.
The Court emphasized that India for NRI probate of will applications is not necessarily limited by three years from the date of death. The ruling was based on the Supreme Court's interpretation in the Shakti Bhog Food Industries Limited case, which clarified that the limitation period begins when the right to sue accrues based on the cause of action. The judgment highlighted that the purpose of probate is to give execute to the testator's Will, and this should not be defeated by delays on the executor’s part.
For NRIs, understanding India for NRI probate of will form and the necessary Documents required for probate will be crucial in ensuring the probate process is properly handled. India for NRI probate of will online services may also be available to facilitate this process remotely, making it more convenient for NRIs managing estates across jurisdictions. Whether you're wondering do you need to probate a will or looking for advice from the Probate Registry, knowing these details ensures your probate application is filed correctly.
Also Read: Difference between probate of will and letter of administration