AIR 2016 MADRAS 59 ::(2016) 1 HinduLR 303 ::(2016) 1 Mad LJ 513

Madras High Court

Hon'ble Judge(s): Sanjay Kishan Kaul , C.J. AND Pushpa Sathyanarayana , J

(A) Succession Act (39 of 1925) , S.232, S.278— Limitation Act (36 of 1963) , Art.137— Madras High Court (Original Side) Rules (1956) , O.25 R.9— Petition for probate or grant of letters of administration - No limitation is prescribed - Proceedings initiated before High Court as per Original Side Rules - Law of limitation would not apply. (Para 49) (B) Succession Act (39 of 1925) , S.232, S.278— Limitation Act (36 of 1963) , Art.137— Petition for grant of letters of administration - Bar of limitation - Period of limitation would be reckoned from date when right to apply accrues and not from date of death of deceased - Only when there is a denial of such right or when occasion to assert the right accrues, question of bar of limitation would arise. (Para 34) (C) Succession Act (39 of 1925) , S.232— Madras High Court (Original Side) Rules (1956) , O.25 R.9— Petition for grant of letters of administration - No period of limitation is prescribed - Petition filed after lapse of three years from date of death of deceased - Delay has to be satisfactorily explained - Long delay would throw suspicion on Will - If delay is explained and Will is proved in accordance with law, there would be n....