VidhiSangh

Supreme Court of India · 29/04/2019

SAMEER KAPOOR AND ANOTHER versus THE STATE THROUGH SUB-DIVISION MAGISTRATE SOUTH, NEW DELHI AND OTHERS

[2019] 6 S.C.R. 1104 · 2019 INSC 585

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Article 137 applied to probate and letters-of-administration applications, including Section 228 applications founded on a previously proved will. But the three-year period did not automatically run from the foreign probate date. The right to seek authority to administer remained continuous while the underlying duty survived. On the pleaded facts, interference with the Indian properties after the father’s death made the application necessary, so rejection as plainly time-barred was refused.

Issues

  1. Whether Article 137 governed applications under Section 228 of the Succession Act.
  2. Whether limitation necessarily began with the earlier foreign probate.
  3. Whether the pleaded chronology required rejection under Order VII Rule 11(d).

Held

Result

Appeal dismissed without costs. Refusal to reject the Section 228 letters-of-administration application under Order VII Rule 11(d) upheld.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 1104.