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1 - 10 of 21 (0.29 seconds)Article 137 in Constitution of India [Constitution]
Section 63 in The Indian Succession Act, 1925 [Entire Act]
The Indian Evidence Act, 1872
The Limitation Act, 1963
Section 63 in The Indian Evidence Act, 1872 [Entire Act]
Hari Narain And Ors. vs Subhash Chander And Ors. on 8 February, 1985
While referring to a
decision of The Division Bench in Hari Narain v Subhash
Chander, MANU/PH/0163/1985, the Hon'ble High Court noted that
as per Hari Narain's case, the Article 137 of the Limitation Act
1963 would apply to any petition or application filed in a Court
Result: Petition allowed. Page 31 of 34
Sheela Devi v State & Ors. PC No. 32/08
where no other period of limitation had been prescribed. The Hon'ble
High Court extended the ratio of said decision 'mutatis mutadis' to
also cover cases pertaining to grant of Probate where it can be fairly
assumed that the petitioner had knowledge that the Will was likely to
be disputed. According to Article 137, in such cases, the period of
limitation is three years from when the right to apply accrues. It was
further noted that the period of three years would surely commence
at least from the date on which a legatee under a will could be
justifiably ascribed with the knowledge that the Will on which his
claim is founded is likely to be disputed by other persons. The
Hon'ble High Court also cited an example by way of adumbration
hypothetically assuming a Will may have been executed in Delhi in
1950. It further went on to say that the bequests made and dealt with
therein may not have come into any dispute for several decades. It
observed that it could be that some legatees were in possession of the
properties with the tacit permission of other legatees and the
approval was subsequently withdrawn. The Hon'ble High Court
observed that so long as the rights of any particular legatee are to
emanate and flow from the will, probate proceedings ought to be
filed at least within three years from this conjectured withdrawal of
permission. That would then be the latest date on which 'the right to
apply accrues'.
Kunvarjeet Singh Khandpur vs Kirandeep Kaur & Ors on 3 April, 2008
26. The Hon'ble High Court further referred to Kunvarjeet Singh
Khandpur v Kirandeep Kaur & Ors (2008) 8 SCC 463 where the
Court recorded with approval the submissions of the counsel for the
appellant that the crucial expression 'right to apply' in terms of
Article 137 of the Limitation Act would mean that when a dispute
about genuineness of the will arose.