KUNVARJEET SINGH KHANDPUR versus KIRANDEEP KAUR & ORS.

KUNVARJEET SINGH KHANDPUR versus KIRANDEEP KAUR & ORS.

Article 137 of the Limitation Act, 1963 applies to petitions for grant of letters of administration; the right to apply accrues when the probate proceedings are withdrawn and liberty is granted to file fresh proceedings. The application filed within three years from accrual of right is within time.

Parties
Appellant: Kunvarjeet Singh Khandpur; Respondent: Kirandeep Kaur; Respondent: Nirmal Jeet Kaur
Jurisdiction
India
Judgment Date
03 April 2008
Procedural Posture
Civil Appeal / Appeal From High Court Revision Order Affirming District Judge's Order
Outcome
Appeal dismissed
Legal Topics
Applicability of Limitation Act to Probate/letters of Administration, Nature of Application for Letters of Administration
Succession Law Limitation Applicability of Limitation Act to Probate/letters of Administration Nature of Application for Letters of Administration

Case Brief

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Parties

Kunvarjeet Singh Khandpur

Appellant

Kirandeep Kaur

Respondent

Nirmal Jeet Kaur

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Revision Order Affirming District Judge's Order

Legal Issues

  1. 1 Does Article 137 of the Limitation Act, 1963 apply to petition for grant of probate/letters of administration?
  2. 2 When does the right to apply accrue for the purposes of limitation in such proceedings?

Ratio Decidendi

Article 137 of the Limitation Act, 1963 applies to petitions for grant of letters of administration; the right to apply accrues when the probate proceedings are withdrawn and liberty is granted to file fresh proceedings. The application filed within three years from accrual of right is within time.

Court Disposition

Appeal dismissed

Orders

  • Petition for grant of letters of administration was within limitation and maintainable.
  • No order as to costs.