Succession Act, 1925, S.263 -- Revocation of Probate -- Constructive Notice of Mutation Proceedings
It is a well-settled principle that where a party is served with notice of mutation proceedings arising from a probate, that notice operates as constructive notice of the probate itself. It is not open to such a party to later claim ignorance of the probate as the starting point of limitation. Under Article 137 of the Limitation Act, 1963 — which applies to applications under the Indian Succession Act, 1925 where no specific period is prescribed — the three-year limitation runs from the date the party had, or is deemed to have had, knowledge of the probate. A party who receives notice of mutation proceedings is expected to enquire into their basis. Failure to do so cannot extend the period of limitation.
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