MUKESH Vs. STATE

JUDGEMENT

(1.) This first appeal under section 299 of the Indian Succession Act, 1925 is filed by the appellant impugning the judgment of the probate court below dated 6.10.2015; dismissing the probate petition as barred by limitation.

(2.) The appellant herein filed the subject probate petition seeking letters of administration of the Will dated 7.6.2007 of his late father Sh. Laxman Singh who expired on 25.2008. Deceased Sh. Laxman Singh left behind as his legal heirs, besides the appellant/petitioner/son, the respondent no. 2 in the court below who was late Sh. Laxman Singh's daughter, and respondent no. 3 in the court below who was the adopted daughter of late Sh. Laxman Singh.

(3.) Appellant/petitioner proved the Will as Ex. PW1/1 as per the evidence led by the attesting witness. The court below has however dismissed the probate petition as time barred by relying upon the judgment of the Supreme Court in the case of Kunvarjeet Singh Khandpur Vs. Kirandeep Kaur and Others., (2008) 8 SCC 46 The relevant paras of the impugned judgment holding that the probate petition is time barred read as under:-