The Supreme Court, in the matter of Sanjay Sharma @ Sanjay Bhardwaj versus Krishnadhan Khaware and Ors., considered the question whether an application for probate of a will must be filed within three years of the testator’s death under the Limitation Act, 1963. A Bench comprising Justice Sanjay Karol and Justice Vipul M. Pancholi delivered the judgment after hearing the parties.
The Court examined Section 222 of the Limitation.
The Bench noted that Section 222 of the Limitation Act, 1963 prescribes a period of three years for filing an application for probate or letters of administration. However, the Court observed that the provision must be read in conjunction with Section 276 of the Indian Succession Act, 1925, which deals with the grant of probate. The Court held that the limitation period does not commence from the date of the testator’s death but from the date on which it becomes necessary to apply for probate.
Elaborating on the principle, the Court stated that the right to apply for probate accrues when a party is compelled to seek probate because an action has been taken that is hostile to the position established by the will. In such a situation, the interested party’s right to protect the testamentary disposition arises, and the limitation period starts from that point. The Court emphasized that a mechanical application of the three‑year bar would defeat the purpose of the succession law and could allow a party to defeat a will by simply delaying any hostile act until after the limitation period expires.
The Bench further referred to Order VII Rule 11 of the Code of Civil Procedure, which permits the court to reject a plaint that discloses no cause of action. The Court observed that, in the context of probate, the cause of action arises only when the validity or efficacy of the will is challenged or when steps are taken to dispossess the legatee. Until such a contingency occurs, there is no cause of action to invoke, and consequently no limitation period begins to run.
On the facts before it, the Court found that the respondents had taken steps to alienate the property bequeathed by the testator, thereby creating a hostile action against the will. Consequently, the appellant’s right to seek probate accrued from the date of those actions taken into account the date of that hostile act, and the application filed thereafter was held to be within the prescribed limitation.
The judgment clarifies that the limitation period for probate applications is not fixed at three years from the testator’s death but is contingent upon the necessity to protect the testamentary disposition. This interpretation aligns with the objective of the Indian Succession Act to give effect to the wishes of the deceased while preventing unjust enrichment through delay. The decision provides guidance to lower courts and practitioners on when to compute limitation in probate matters, ensuring that the law does not inadvertently facilitate the defeat of a will by mere passage of time.