Supreme Court of India · 2008-04-03
KUNVARJEET SINGH KHANDPUR vs KIRANDEEP KAUR .
- Citation / case number
- SC 2006/6261
- Court
- Supreme Court of India
- Petitioner
- KUNVARJEET SINGH KHANDPUR
- Respondent
- KIRANDEEP KAUR .
- Author
- ARIJIT PASAYAT
- Bench
- P.SATHASIVAM DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the application for grant of Letters of Administration under Section 278 of the Indian Succession Act, 1925 was not barred by limitation, as the cause of action arose only after the withdrawal of a prior probate petition on 9.8.1999. The Court clarified that Article 137 of the Limitation Act, 1963 does not apply to probate proceedings, affirming the High Court's decision. Consequently, the appeal was dismissed, upholding the maintainability of the Letters of Administration petition filed on 7.8.2002.