Probate -- Revocation of Probate -- Constructive Notice Through Mutation Proceedings -- Limitation runs from date of such notice
Succession Act, 1925, S.263 -- Probate -- Revocation of Probate -- Constructive Notice Through Mutation Proceedings -- Service of notice in mutation proceedings arising from a probate operates as constructive notice of the probate itself. A party so served cannot later claim ignorance of the probate as the starting point of limitation. Under Article 137 of the Limitation Act, 1963, the three-year limitation for an application under the Indian Succession Act, 1925 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, and failure to do so cannot extend the period of limitation.
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