Sameer Kapoor v. State

Smt. Kailash Kapoor, a permanent resident of England, executed a Will dated 16.05.1990, leaving all her assets to her two grandchildren. She died in England on 10.09.2001. The grandchildren acted on the Will and sold her immovable properties in India between 6.09.2000 and March 2001.

In 1997, the High Court of Justice, District Probate Registry of Birmingham, England, issued a probate (legal validation of the Will provided by the competent court) for the Will on 21.11.1997 in favour of the respondent. In 2001, the respondent (one of the beneficiaries of the Will) sought letters of administration for property in Delhi under Section 228 of the Indian Succession Act. This application was challenged by the appellant on the grounds of limitation (the statutory prescribed period for filing different class of suits), arguing that more than three years had passed since the probate was granted.

The court refused to reject the application. The appellant appealed to the Division Bench of the High Court, which dismissed the appeal and upheld the single judge's order. The appellant then filed the current appeal before the Supreme Court.

The Supreme Court held that Article 137 of the Limitation Act, 1963, applies to applications for the grant of probate or letters of administration, thereby affirming the first issue.

Regarding the second issue, the Court clarified that the 'right to apply' under Article 137 of the Limitation Act is a continuous right. It is not confined to a specific period following the probate of a Will. The Court elaborated that the proceedings for the grant of probate or letters of administration are applicable to everyone in common. Therefore, even if a Will is probated by a court abroad, the right to seek letters of administration remains as long as the trust exists or any part of it remains to be executed.