Probate Revocation--Indian Succession Act 1925 Section 263--Notice of Mutation Proceedings Amounts to Constructive Notice of Probate--Limitation Under Article 137 Limitation Act Runs From That Date
Where the Indian Succession Act, 1925 does not prescribe any limitation period for seeking probate of a Will or for filing an application to revoke a probate already granted, Article 137 of the Limitation Act, 1963 applies, which provides a three-year period. Further, a party who receives notice of mutation proceedings arising from a probate is deemed to have constructive notice of the probate itself. Such a party cannot later claim ignorance and seek revocation on the ground that they came to know of the probate only at a later date.
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