Prudeta
Prudeta
2026 INSC 708
📌 Paras 1-2
An application for probate of a Will was filed in 2005. The District Judge rejected this application in 2012, citing provisions of the Indian Succession Act and Order VII Rule 11 of the CPC, as objected to by the respondents. The High Court affirmed this decision. The present appeal arises from this High Court judgment.
📌 Para 3
Whether the application for probate is barred by the law of limitation.
📌 Paras 3-8
The Court held that the Indian Succession Act does not prescribe a specific period for filing a probate application, making Article 137 of the Limitation Act, 1963, applicable. This article provides a three-year period from when the right to apply accrues. The Court rejected th
The bench further analyzed the constitutional validity of the impugned provisions and discussed the interpretation of Articles 14 and 21 in light of recent precedents...
Citing the ratio in prior decisions, the court held that the legislative intent was to ensure...
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