uccession Act, 1925 — Sections 276 & 299 — Probate — Objection on delayed institution of petition

February 26th, 2013

Succession Act, 1925 — Sections 276 & 299 — Probate — Objection on delayed institution of petition — Determination — Appeal against grant of probate — Held, the will in question is dated 19.7.1991 — Testator had died no 11.7.1992 — Right to apply occurred to her after death of her mother who died 2-3 years after death of testator — Thus there is no delay in filing probate petition on 5.12.1996 — Plea unsustainable and is rejected.

S. Khandpur vs. Kirandeep Kaur and Ors., AIR 2008 SC 2058, Referred.

(Para 27)

Sada Nand Choudhary v. Wanti Devi, FAO 117/2010(19/11/2012), 2012(10) AD(Delhi) 393: 2013(196) DLT 135: 2013(133) DRJ 394 [Veena Birbal, J.]

Entry Filed under: Judgements,Matrimonial Laws