Sanjay Sharma @ Sanjay Bhardwaj Vs Krishnadhan Khaware And Ors. (Supreme Court of India)
Issue: Whether an application for probate is barred by limitation merely because it is filed more than three years after the death of the testator, and whether a probate petition can be rejected under Order VII Rule 11 CPC on such ground?
The Supreme Court allowed the appeal and set aside the order dated 31st July 2012 of the District Judge, Deoghar and the judgment dated 28th April 2022 of the High Court of Jharkhand, restoring the probate proceedings to the Civil Court. The Court held that the Indian Succession Act, 1925 does not prescribe a limitation period for filing a probate application and that Article 137 of the Limitation Act, 1963 applies. It held that the right to apply for probate accrues when it becomes necessary to apply and not necessarily from the date of the testator’s death. On the facts, the Court held that the application for probate filed on 31st August 2005 was within limitation, as the need to apply arose when the respondents allegedly took actions hostile to the Will through execution of a General Power of Attorney on 8th August 2005. The Court further held that findings on the merits or suspicious nature of the Will could not be returned in proceedings under Order VII Rule 11 CPC, and that where limitation depends on disputed facts, it cannot be decided summarily at the threshold.
