Boutique Litigation Law Firm - Retain Lawyers - Research based Law Firm - Complete legal services

Property dispute lawyer: the right to apply for Letter of Administration is a continuous right; SC.

Supreme Court of India

Justice M R Shah

It was held by the Supreme Court that Article 137 of limitation act is applicable to the Will. It was further held that even if the Will is already probated by any Court; as mentioned in Section 228 of the Indian Succession Act, right to get the letter of Administration, even in spite of that, is a continuous right.

It was also held by the SC in "Sameer Kapoor vs SDM South", that right to get the letter of Administration is a continuous right, which can be exercised anytime, as long as right to do so survives, or trust remains to be executed. It also held that the suit filed was not barred by limitation, as only in 2000, the appellant/ defendant started intermeddling with the properties, which were bequeathed to the plaintiff,  therefore, the suit was within limitation.


Leave a comment

Please note, comments must be approved before they are published