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ARTICLE · 20 AUGUST 2018

Limitation Period For An Administration Suit

The Bombay High Court in its decision in Sajanbir Singh Anand and Ors. v. Raminder Kaur Anand and Ors., 2018 (3) BOMCR 740 held that there cannot be a straitjacket formula...

IndiaFamily and Matrimonial

The Bombay High Court in its decision in Sajanbir Singh Anand and Ors. v. Raminder Kaur Anand and Ors., (2018) 3 BomCR 740 held that there cannot be a straitjacket formula to determine the period of limitation for filing an administration suit. It was stated that the relevant Article of the Limitation Act, 1963 will be applicable pursuant to an analysis of the pleadings and prayers in a suit for administration of estate.

Facts: A suit was filed for administration of estate of the deceased (Mrs. Roop Kesharaj Sakraney) in accordance with her will and testament dated 14th May, 2001 (the "said Will"). The deceased was the wife of Defendant No. 1 while the Plaintiff No. 1 was the executor and one of the beneficiaries under the said Will. It was alleged by the Plaintiffs that the deceased died on 24th October, 2007 and the fact of the said Will was suppressed by the Defendants. The existence of the said Will came to light only in or about April, 2012. On failing to

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