Case Note & Summary
The petitioners, daughter and widow of the deceased Vithal Shyamdas Jhaveri, filed a Miscellaneous Petition in 2012 seeking revocation of the probate granted in 1996 in respect of the deceased's Will dated 12th October 1992. The respondent, who claimed to be the sole executor, had obtained probate without serving citation on the petitioners, who were legal heirs. The petitioners alleged that they came to know of the probate only in November 2000 through correspondence. The respondent raised a preliminary objection of limitation, arguing that the petition was filed beyond the three-year period prescribed under Article 137 of the Limitation Act, 1963. The court examined the correspondence between the parties' advocates in November and December 2000, which clearly showed that the petitioners had knowledge of the probate at that time. The court held that the right to apply for revocation accrued in November 2000, and the petition filed in 2012 was grossly delayed and barred by limitation. The court dismissed the petition as not maintainable.
Headnote
A) Limitation Act, 1963 - Article 137 - Revocation of Probate - Limitation Period - Petition for revocation of probate must be filed within three years from the date when the right to apply accrues, i.e., from the date of knowledge of the probate - Petitioners had knowledge of probate in November 2000 but filed petition in 2012 - Held that the petition is barred by limitation and gross delay (Paras 1-10).
Issue of Consideration
Whether the petition for revocation of probate filed in 2012 is barred by limitation under Article 137 of the Limitation Act, 1963, given that the petitioners had knowledge of the probate in 2000.
Final Decision
The petition for revocation of probate is dismissed as barred by limitation and not maintainable.
Law Points
- Limitation for revocation of probate
- Article 137 of Limitation Act
- 1963
- Knowledge of probate
- Delay and laches
- Service of citation
Case Details
2014 LawText (BOM) (04) 166
Miscellaneous Petition No. 85 of 2012 in Petition No. 214 of 1994
Ms.Soma Singh, a/w. Mr.Subro Dev, i/b. Mr.Vivek Sharma for the Petitioners; Ms.Subhasree Chatterjee, i/b. Manilal Kher Ambalal & Co. for the Respondent
Ms.Uma Vithal Jhaveri and Meena Vithal Jhaveri
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Petition for revocation of probate granted in 1996.
Remedy Sought
Revocation of probate granted in Probate Petition No. 214 of 1994.
Filing Reason
Petitioners alleged that probate was obtained without serving citation on them, who are legal heirs.
Previous Decisions
Probate was granted on 30th December, 1996 in Probate Petition No. 214 of 1994.
Issues
Whether the petition for revocation of probate is barred by limitation under Article 137 of the Limitation Act, 1963.
Submissions/Arguments
Petitioners argued that they had no knowledge of probate until November 2000 and filed petition in 2012.
Respondent argued that petitioners had knowledge in November 2000 and petition is time-barred.
Ratio Decidendi
The right to apply for revocation of probate accrues from the date of knowledge of the probate. Under Article 137 of the Limitation Act, 1963, the petition must be filed within three years from that date. Since petitioners had knowledge in November 2000 and filed in 2012, the petition is barred by limitation.
Judgment Excerpts
By this petition, petitioners seek that the probate granted by this court on 30th December, 1996 in Probate Petition No. 214 of 1994 of the deceased Vithal Shyamdas Jhaveri be revoked.
Respondent at the outset raised issue of limitation in filing this Misc. Petition.
Procedural History
Probate was granted on 30th December, 1996. Petitioners sent notice on 7th November, 2000. Respondent replied on 16th November, 2000 informing of probate. Petitioners replied on 20th December, 2000. Misc. Petition filed in 2012.
Acts & Sections
- Limitation Act, 1963: Article 137
