Article 137 Of Limitation Act Applies To Application For Revocation Of Succession Certificate U/S 383 Indian Succession Act: Meghalaya High Court

Justice H. S. Thangkhiew observed:

"Article 137 of the Limitation Act, provides for 3(three) years as a period of limitation, on an application for which no period of limitation is provided elsewhere in the division. As the Succession Act, does not prescribe a specific period of limitation in such matters, it would thus imply that Article 137 be applied."

The observation was made in a Revision Application preferred by the Petitioner aggrieved by rejection of her Section 383 application as time barred by the District Council Court, Shillong.

The Petitioner and Respondents (unrepresented), both claimed to be the legally wedded spouse of one (L) Morningstar Wanshong, and as such claimed that they are entitled to his terminal benefits.

The tussle started from 2010, when the first objection was filed by the petitioner against the application of the respondent for grant of Succession Certificate. Thereafter, on the failure of the petitioner to appear, a Succession Certificate dated 15.07.2016 was granted to the respondent.

At this juncture, the Petitioner moved a Section 383 application on 09.05.2019, which was dismissed as time barred.

The High Court observed that Article 137 of Limitation Act stipulates a period of 3(three) years, from when the right to apply accrues. In the instant case, after it was established that the provision applies to the Succession Act, the Court opined that the Petitioner's application was filed well within time.

"The Succession Certificate sought to be revoked having been granted on 15.07.2016, the application for revocation being filed on 4 09.05.2019 is within the 3(three) year period, and as such, should not have been rejected on the ground of limitation."

As such, the petition came to be allowed and the matter was remanded back to the District Council Court for fresh consideration.

Case Title : Smti. Bernadeth Marwein Vs. Smti. Cynthia Khongwet

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