In Brief
A widow in England obtained probate of her will from an English court in 1997. Her heirs in India applied for letters of administration in India in 2001 — more than three years later. The appellants (other heirs) challenged the Indian application as time-barred under the Limitation Act's three-year rule. The Supreme Court held that the three-year limitation period does apply to probate applications, but the period does not automatically begin on the date of foreign probate or death. Instead, the right to apply is 'continuous' and accrues only when it becomes necessary to apply. Since the respondent was compelled to seek recognition when the appellants began interfering with the deceased's Indian property, the application was timely and not barred by limitation."
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