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Jaimini Associates   22 September 2024

Section 263 indian succession act

My client found that A will for which probate was granted in 2011 by ADJ is a fake will that carries forged and fabricated signatures. An assessment through private handwriting expert has been done. No FSL was conducted during probate proceedings. 

I have few queries, please help me with that

1.If General provisions of section 137 of Limitation applies then no probate can be revoked / challenged  after 3 years as there is no defined limitation in ISA 1925

2. The nature of "just cause" mentioned u/s 263 amounts to criminal act under fraud and forgery, in criminal acts  no limitation applies. 

I need assistance to clarify legally. Please help

 

Regards

 

Hemlata Jaimini



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     23 September 2024

In India, the time limit to challenge a grant of probate is three years from the date the right to apply accrues. The right to apply accrues when the dispute arises or when it becomes necessary to apply for probate. 

 Article 137 of the Limitation Act applies to proceedings under the Indian Succession Act for moving an application for cancellation of probate or letters of administration. This article provides a limitation period of three years from the date when the right to apply accrues. 

 The applicant must justify any delay in making the application. The greater the delay, the stronger the suspicion in the minds of the court

1 Like

Advocate Bhartesh goyal (advocate)     23 September 2024

It seems either you did not appear before  probate court or failed to raise objections regarding genuineness of will, if you could not appear due to reasonable cause then may file petition to set aside ex-parte probate order/judgment with delay condone partition. 

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