Will

Guest (Querist) 16 January 2013 This query is : Resolved
Is there any time limit to challenge the validity of the WILL under the Law of limitation Act?Under which section it is mentioned.

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Adv.R.P.Chugh (Expert) 16 January 2013
It would be governed by Art. 58 - as a Suit for Declaration as to invalidity of the will. Three years from the date - right to sue first accrues. Which would for practical purposes mean the knowledge of the propounding of such a will.

ajay sethi (Expert) 16 January 2013
under the Limitation Act no period is advisedly
prescribed within which an application for probate,
letters of administration or succession certificate
must be made;
(b) the assumption that under Article 137 the right
to apply necessarily accrues on the date of the
death of the deceased, is unwarranted;
(c) such an application is for the Court's permission
to perform a legal duty created by a Will or for
recognition as a testamentary trustee and is a
continuous right which can be exercised any time
after the death of the deceased, as long as the right
to do so survives and the object of the trust exists or
any part of the trust, if created, remains to be
executed;
(d) the right to apply would accrue when it becomes
necessary to apply which may not necessarily be
within 3 years form the date of he deceased's death.
(e) delay beyond 3 years after the deceased's death
would arouse suspicion and greater the delay,
greater would be the suspicion;
(f) such delay must be explained, but cannot be
equated with the absolute bar of limitation; and
(g) once execution and attestation are proved,
suspicion of delay no longer operates".

Raj Kumar Makkad (Expert) 17 January 2013
Ajay and Bharat are replying two different aspect related to the will.

There is a limitation of 3 years under Art. 58 of Limitation Act in the given query.

V R SHROFF (Expert) 17 January 2013
after knowledge of WILL
3 years

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