Limitations act
shyam lal
(Querist) 26 January 2023
This query is : Resolved
What the time frame in which the following has to be complied .
1/- A registered WILL of the deceased persom pertaining to immovable property.. in the state of U. P.
2/-A MoU of family settlement unregistered pertaining to immovable property in the state of Uttrakhand. Where in one of signatary has expired.
T. Kalaiselvan, Advocate
(Expert) 22 September 2023
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 grant of probate.
The Legislature has deliberately provided no endpoint for filing such application. The purpose of probate is to give effect to the Will of the testator. It should not be defeated merely by delay on the part of executor.
Right to file for probate is a continuous right and therefore, Article 137 cannot be construed as limiting the period to three years from the date of death of the testator. If done so, it would frustrate the very object of the law preserving the wishes of a testator.
The decision has made it clear that the period of limitation for matters under Article 137 of the Limitation Act, would begin from the time when the right to sue accrues based on a cause of action which may or may not have occurred at the first point of time.
An Unregistered Family Settlement Admissible In Evidence Only when All the Family Members Approve of the Agreement.
As opposed to a Will, a settlement deed is distinct. A settlement becomes effective right away,
As it is a family settlement deed, the legal heirs of the deceased shareholder shall be able to succeed to the share pertaining to the deceased shareholder
