MOHAN @ KAJU SHAW Vs. OM PRAKASH SHAW

JUDGEMENT

(1.) The present first appeal has been preferred against the grant of probate of the Will of one Late Shanti Shaw. The appellant is the son of the testatrix whereas, by virtue of the Will, the testatrix bequeathed her properties to her daughter Smt. Sabitri Shaw (the respondent's wife).

(2.) Learned counsel for the appellant contends that the inordinate delay in filing the probate application is itself to be construed as a suspicious circumstance vitiating the application. It is contended that the Will was purportedly executed on January 6, 1997, and the testatrix died on July 16, 1997. A previous probate application was filed on January 6, 1999 but the same was dismissed on April 17, 2002 due to nonproduction of the original Will. The present proceeding arises from the second probate application, filed on May 8, 2002. Since the present application was filed about five years after the death of the testatrix, the same is hit by Article 137 of the Schedule to the Limitation Act, 1963, which stipulates the time-limit for such applications to be three years from the date of cause of action.

(3.) Learned counsel cites a Division Bench judgment of this Court in F.A 368 of 2013 [Krishna @ Krishna Lal Ghosh v. Ashoke Ranjan Dutta] in support of such proposition.