Time limitation in probate
2 years ago
Can i challenge probate of a will after 3 years. I consulted a legal lawyer and he told me that probate of a will comes under time limitation. So i am not able to contest it since it has crossed 3 years.
Please suggest.
Under Section 5 of Limitation Act any reasonable delay may be condoned. Further, cause of action may be created to claim recent date as cause of action within 3 years and thus you may file such proceeding and then it may be ended in compromise.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Though compulsory registration of a Will is not required under the Indian Registration Act, 1908, a probate may be required in certain cases under the Indian Succession Act, 1925. A Will can be challenged by heirs/ legatees/ beneficiaries of the testator on any of the grounds on which a contract can be challenged. There is no statutory limitation in challenging the probate, however the court shall ask for a compelling reason.
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The Supreme Court further stated that Section 293 of the Indian Succession Act provides for a cooling-off period of expiration of 7 days from the day of the testator's death before probate of a Will can be granted. There is no outer limit within which an executor has to take out an application for a grant of probate. There is no such limitation in challenging the will.
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A.There is no limit for of three years for probate as it has been clearly declared by the Hon'ble Supreme Court in Krishna Kumar Sharma vs Rajesh Kumar Sharma on 27 March, 2009. Probate of a will is not covered under Article 137 of Limitation Act.
"137. Description of application: Any other application for which no period of limitation is provided elsewhere in the Division. Period of Limitation: Three Years Time from which period begins to run: When the right to apply accrues."
But when someone files for probate after three years then he has to explain the delay to the court.
Now in your case you want to challenge the probate which is a different story altogether. There you may get the restriction of Article 137 and the court may not allow you to go ahead.
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