Grant of probate or letters of administration - Application for Limitation - Article 137 of Limitation Act applies - right to get letters of administration is continuous right which can be exercised anytime Application for letters of administration not barred by law of limitation.

Citation

AIR 2019 SUPREME COURT 3318

SUPREME COURT

: AIROnline 2019 SC 251 (From: Delhi)* L. NAGESWARA RAO, J. and M. R. SHAH, J.

Civil Appeal No. 10482 of 2013, D/-29-4-2019

Sameer Kapoor v. State through Sub-Division Magistrate South, New Delhi

(A)Succession Act (39 of 1925), S.228, S.276 Limitation Act (36 of 1963), Art. 137 - Grant of probate or letters of administration - Application for Limitation - Article 137 of Limitation Act applies Even application u/S. 228 of Succession Act shall be covered by Art.137 of Limitation Act. - - -

AIR 2008 SC 2058, AIR 2009 SC 3247, Followed.

(B)Succession Act (39 of 1925), S.228, (Paras 10 11) S.276 - Grant of probate - S. 228 is akin to S. 276 of Act.

(C)Succession Act (39 of 1925), S.228, S.276 - Grant of probate or letters of administration Limitation - Proceedings filed for grant of probate or letters of administration is not an action in law but it is an action in rem - Therefore, even if Will is probated by any Court mentioned in S. 228, right to get letters of administration is continuous right which can be exercised anytime Application for letters of administration not barred by law of limitation.