Jharkhand HC Restores Beneficiary’s 2001 Will Case For Fresh Decision, Setting Aside Limitation-Only Dismissal

The appellant challenged the dismissal of his application under Section 278 of the Indian Succession Act, 1925, seeking letters of administration in respect of a registered Will dated 25 April 2001, made by Amriteshwar Chakraborty in his favour.

The testator died on 14 August 2004, and the appellant claimed that the testator died issueless and without relatives.

The Principal District Judge dismissed the application on limitation grounds, relying on Article 137 of the Limitation Act and Sanjay Sharma v. Krishnadhan Khaware.

The High Court noted that the Will and related signatures had been marked as exhibits and that one attesting witness had testified, but the trial court had not decided the merits.

Section 299 of the Indian Succession Act, 1925, provides for an appeal from the relevant order; Section 278 concerns an application for letters of administration.

The Court considered Article 137 of the Limitation Act and the principles stated in Kunvarjeet Singh Khandpur v. Kirandeep Kaur, Krishna Kumar Sharma v. Rajesh Kumar Sharma, and Sameer Kapoor v. State: an application for probate or letters of administration seeks judicial recognition to perform a duty under a Will, and the right to apply is continuous while it survives and the Will’s object remains to be carried out; the need to apply may arise after the testator’s death, rather than automatically on the date of death.

The Court also relied on the Supreme Court’s decision reported as 2026 INSC 708, which set aside the High Court decision in Sanjay Sharma and stated that the right to apply arises when it becomes necessary to do so.

The trial court treated the period from the testator’s death as determinative and dismissed the application without deciding the Will’s validity.

The High Court held that this approach was inconsistent with the governing principle that the right to seek letters of administration is continuous and that the need to apply does not necessarily arise on the testator’s death.

Because the application had been rejected solely on limitation grounds, the High Court set aside the order without determining the merits of the Will or the appellant’s entitlement to letters of administration.

It allowed the appeal, set aside the judgment dated 10 August 2023, restored Letter of Administration Case No. 05 of 2022 to the trial court for fresh determination, and directed that the trial court record be returned.