Time-framed limitation to execute civil probate order- Limitation Act 1936, Art. 136
I, Mrs. C, inherited a property after the death of my father and mother in years 2007 and 2013 respectively, both listed on the property card.
My father's younger brother, Mr. B, remained bachelor and died in 1979, (Listed on Property card)
My father's youngest brother, Mr. K., (Not listed on Property card), died in 2014.
Mr. K got a probate order after the death of Mr. B. in the year 1979, with a decree that the property share of Mr. B. will be given to his son Mr. K K. and the order to be executed in six (6) month time.
The said Probate Order remained dormant and kept hidden from my father (then alive) and the beneficiary of the order Mr. KK till 2009, i.e., remained Unexecuted and unforced for almost 30 years!
In the year 2009, I decided to sell my listed share of the property and accordingly made an agreement of sale with a buyer.
Mr. KK, soon after knowing about the said sale, filed a suit in 2009 against his father, Mr. K, Mrs.C (myself) and my mother. Mr. K. died in 2014 & my mother died in 2013. Based on the probate order, Mr. KK is claiming the property share of Mr. B. and incidentally, got the injunction of the above-mentioned sale.
Hence, based on the statuary limitation act, is Mr.KK claim is justifiable?
Secondly, The executor of the probate order, Mr. K, did not execute the decree until his death and kept the court order hidden from everyone involved.
Thirdly, Mr. KK, the plaintiff of the stated suit, is not the executor of the decree and he has No power of attorney from the executor of the probate order, Mr. K, to make an application to execute & enforce the decree on his own behalf after passing of 30 years of time.
I will be deeply obliged and appreciate very much for your input in this matter.
Thank you so much.
Sincerely,
Mrs. C.