NDLI: Sameer Kapoor and Another Vs. The State Through Sub-division Magistrate South, New Delhi and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1925 grant of probate or letters of administration Succession Act Applicability of Art. 137 limitation act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Limitation Act, 1963 (36 of 1963) Indian Succession Act, 1925 (39 of 1925)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Succession Act, 1925: s. 276 – Applications for grant of probate or letters of administration – Applicability of Art. 137 – Held: Art. 137 is applicable to the applications for grant of probate or letters of administration – Limitation Act, 1963 – Art. 137. ss. 276 and 228 – Application under, for probate or for letters of administration – If barred by limitation – Held: In a proceeding, or in an application filed for grant of probate or letters of administration, no right is asserted or claimed by the applicant – Application for grant of probate or letters of administration is for the court’s permission to perform a legal duty created by a Will or for recognition as a testamentary trustee – Even if the Will is probated by any court mentioned in s. 228, right to get the letters of administration is a continuous right which can be exercised any time, as long as the right to do so survives and the object of the trust exists or any part of the trust, if created, remains to be executed – On facts, probate case filed by respondent no.2 for letters of administration u/s. 228/276 not barred by limitation – After passing away of the testator, in 2000, the appellants started intermeddling with properties bequeathed to respondent no.2, situated in Delhi and, thus, he was compelled to apply for letters of administration – Cause of action started from the date on which the appellants started intermeddling with the properties bequeathed to respondent no.2 – Thus, the application for letters of administration not barred by limitation – High Court rightly refused to reject the plaint in exercise of powers u/Or. VII r. 11 – Limitation Act, 1963 – Art. 137.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2019 INSC 585
Petitioner	Sameer Kapoor And Another
Respondent	The State Through Sub-division Magistrate South, New Delhi And Others
SCR	[2019] 6 S.C.R. 1104
Judgement Date	2019-04-29
Case Number	10482

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