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28. Sanjay Sharma @ Sanjay Bhardwaj v. Krishnadhan Khaware & Ors.
2026 LiveLaw (SC) 683
July 15, 2026
Probate – limitation – Article 137 of Limitation Act – right to apply for probate is a continuous right – limitation does not necessarily commence from death of testator – Order VII Rule 11 – Disputed limitation issue cannot be decided summarily. [Indian Succession Act, 1925, Ss.222, 276; Limitation Act, 1963, Art.137; Code of Civil Procedure, 1908, Order VII Rule 11].
FACTS
An application for probate of a Will dated 15 April 1995 was filed in 2005. The testator had died approximately ten years earlier. The objectors applied under Order VII Rule 11 CPC seeking rejection of the probate application on the ground of limitation. The District Judge rejected the probate application and the High Court affirmed the decision.
The issue before the Supreme Court was whether a probate application filed several years after the death of the testator was barred by limitation.
HELD
The Supreme Court held that the Indian Succession Act, 1925 does not pres
