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