Case Law Analysis
|Supreme Court of India
Probate Limitation | Right to Apply Accrues Only Upon Necessity, Not Testator's Death: SC
The Supreme Court has ruled that the three-year limitation for filing a probate application under Article 137 of the Limitation Act begins only when the necessity to prove the Will arises - not at the testator's death. This removes the presumption of delay based on time elapsed since death and protects executors who delay seeking probate until estate administration demands it, reshaping how heirs and legal practitioners assess timing in succession disputes.