Right to Seek Probate Is a Continuing Right & Arises When Need Arises: SC

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 Suc...