The Supreme Court has ruled that a probate petition cannot be rejected merely because it was filed several years after the death of the person who made the Will. Setting aside the decisions of the Jharkhand High Court and the District Judge at Deoghar, the Court held that the right to seek probate is a continuing right and does not automatically expire three years after the testator's death.
Background of the Case
The appeal arose from a probate application filed on 31 August 2005 by Bhudeo Prasad Singh, the executor of a Will executed by Shrilal Singhania on 15 April 1995.
The District Judge, Deoghar, rejected the application in 2012 after accepting objections that it was barred by limitation under Order VII Rule 11 of the Code of Civil Procedure. The Jharkhand High Court upheld that decision in April 2022, leading to the present appeal before the Supreme Court.
Court's Observations
A Bench of Justice Sanjay Karol and Justice Vipul M. Pancholi observed that the Indian Succession Act does not prescribe any specific limitation period for filing a probate petition. Instead, Article 137 of the Limitation Act applies, and the right to apply arises when it becomes necessary to seek probate, not necessarily on the date of the testator's death.
The Bench noted,
“It is, therefore, a continuous right that can be exercised at any time so long as the object of the Will survives.”
The Court found that the need to seek probate arose only after actions allegedly inconsistent with the Will were taken in August 2005. Since the probate application was filed later that same month, it was held to be within limitation.
The Court also held that while deciding an application under Order VII Rule 11 CPC, courts cannot examine the merits or genuineness of the Will without evidence. It observed that issues involving limitation and knowledge often require a full trial because they involve mixed questions of law and fact.
Decision
Allowing the appeal, the Supreme Court set aside the District Judge's order dated 31 July 2012 and the Jharkhand High Court's judgment dated 28 April 2022.
The probate proceedings have been restored to the competent civil court for fresh consideration in accordance with law.
No order as to costs was passed.
Case Details
Case Title: Sanjay Sharma @ Sanjay Bhardwaj v. Krishnadhan Khaware and Others
Case Number: Civil Appeal of 2026 arising out of Special Leave Petition (Civil) No. 13473 of 2022
Judge: Justice Sanjay Karol and Justice Vipul M. Pancholi
Decision Date: 15 July 2026
