Article 137 Limitation Act Applies To Proceedings For Cancellation Of Probate/Letter Of Administration : SC [Read Judgment]

The Supreme Court has observed that Article 137 of the Limitation Act, which provides for 3 year limitation period, applies to the proceedings under Indian Succession Act for moving an application for cancellation of probate or letters of administration.

While rejecting an application for cancellation of probate, the Bombay High Court in the impugned judgment held that such proceedings are covered by Article 137 of the Limitation Act, 1963, which requires the application to be filed within 3 years from the date when the right to apply accrues. This judgment was assailed before the Apex Court in appeal.

While addressing the issue raised in the appeal [Ramesh Nivrutti Bhagwat vs. Dr. Surendra Manohar Parakhe] whether there is any limitation prescribed and if not, whether the residuary provision (Article 137 in the schedule to the Limitation Act, 1963) applies and for which the starting point of limitation is the date of alleged knowledge of the grant of letters of administration, the bench comprising Justice Arun Mishra, Justice Vineet Saran and Justice Ravindra Bhat noted:

"The Indian Succession Act, 1925 does not prescribe a specific period of limitation for the grant of probate, or for moving an application for cancellation of probate or letters of administration. The residuary entry Article 137 of the Act, which covers proceedings for which no period of limitation is stipulated in the Act, provides for a three-year period of limitation."

The court also referred to the judgment in Kerala State Electricity Board, Trivandrum v. T.P. Kunhaliumma, Article 137 will apply to any petition or application filed under any Act to a civil court. The bench also took note of the judgment in Lynette Fernandes v. Gertie Mathias, (2018) 1 SCC 271, which had dealt with the precise issue of the period of limitation applicable for an application for cancellation of a probate or letters of administration.

The bench upholding the High Court judgment, observed that the petition for revocation of letters of administration, in the instant case was time barred. 

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