RAMESH NIVRUTTI BHAGWAT versus DR. SURENDRA MANOHAR PARAKHE

RAMESH NIVRUTTI BHAGWAT versus DR. SURENDRA MANOHAR PARAKHE

Petition for revocation of letters of administration filed more than three years after grant was time barred under Article 137 of the Limitation Act, 1963; proceedings for grant are in rem, and limitation runs from date of grant unless fraud is proven, which was not established.

Parties
Appellant: Ramesh Nivrutti Bhagwat; Respondent: Dr. Surendra Manohar Parakhe
Jurisdiction
India
Judgment Date
04 October 2019
Procedural Posture
Civil Appeal / Appeal From Bombay High Court Judgment Dated 13.09.2007 in Appeal No. 1183 of 2001
Outcome
Appeal dismissed
Legal Topics
Revocation of Letters of Administration, Limitation Period Under Article 137
Succession Law Limitation Law Revocation of Letters of Administration Limitation Period Under Article 137

Case Brief

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Parties

Ramesh Nivrutti Bhagwat

Appellant

Dr. Surendra Manohar Parakhe

Respondent

Procedural Posture

Civil Appeal / Appeal From Bombay High Court Judgment Dated 13.09.2007 in Appeal No. 1183 of 2001

Legal Issues

  1. 1 Whether petition for revocation of letters of administration was filed within limitation
  2. 2 Applicability of Article 137 of the Limitation Act, 1963 to proceedings for revocation of probate or letters of administration

Ratio Decidendi

Petition for revocation of letters of administration filed more than three years after grant was time barred under Article 137 of the Limitation Act, 1963; proceedings for grant are in rem, and limitation runs from date of grant unless fraud is proven, which was not established.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no order as to costs