Piru Manjhi v. Tipu Hansda, S/o Late Luddha Manjhi, R/o Pandarpala, Near Bharat Chowk
2025-01-28
GAUTAM KUMAR CHOUDHARY
body2025
DigiLaw.ai
JUDGMENT : GAUTAM KUMAR CHOUDHARY, J. 1. The instant Misc. Appeal has been filed against the order dated 15.09.2016 passed by learned Principal District Judge, Dhanbad allowing the Letters of Administration Case No.10 of 2014. 2. As per the case of the applicant Tipu Hansda, he was the adopted son of Luddha Manjhi who executed a WILL on 23.04.2010 making the applicant beneficiary to the extent of his share i.e. 1/4 th share of the entire property of one Chuti Ram Manjhi. Said Luddha Manjhi died issueless on 04.06.2010 leaving behind the applicant who claims to be the only adopted son of said Luddha Manjhi. 3. The appellants are the agnates of the Testator, Tipu Hansda in whose favour the Letter of Administration has been allowed. 4. It is argued by the learned counsel for the appellants that as per the case of the applicant, Luddha Manjhi died on 04.06.2010, whereas the application for Letter of Administration was filed after three years on 01.04.2014 and was therefore barred by limitation. Reliance is placed on Ramesh Nivrutti Bhagwat Vs. Dr. Surendra Manohar Parakhe (Civil Appeal No. 399 of 2010) wherein it has been held that period for limitation in filing Letter of Administration application shall be governed by Article 137 of the Limitation Act. It is submitted that there is no explanation for the said delay in preferring the Letter of Administration application. 5. It is further argued that the transfer by way of WILL is barred under Section 46(1) of the C.N.T. Act as no permission had been taken for such transfer. 6. Learned counsel for the respondents submits that the authority relied upon by the appellant’s side is not on the question of grant of Letter of Administration, rather it was with regard to the period for limitation for filing the revocation application. 7. It is argued that the deceased testator was an employee of BCCL and was also literate, but on the WILL, nowhere signature appears on it, rather at all places it is the LTI which is purported to be affixed. 8. Having considered the submissions advanced on behalf of both sides, the short question that falls for consideration is whether there is period of limitation for filing a Letter of Administration application and if so the Letter of Administration application was barred by limitation. 9.
8. Having considered the submissions advanced on behalf of both sides, the short question that falls for consideration is whether there is period of limitation for filing a Letter of Administration application and if so the Letter of Administration application was barred by limitation. 9. So far as Section 46 of the CNT Act is considered it is not relevant for grant of Letter of Administration. In a given case it may be relevant for determination of transfer of title by an instrument of sale, gift, WILL etc., but law is settled that question of title is beyond consideration by the Trial Court. Therefore, bar of Section 46 cannot be a ground for rejection of Letter of Administration application. Trial Court is only concerned with the genuineness of a WILL. 10. Although the Limitation Act does not prescribe any period for filing Letter of Administration application, but Hon’ble Supreme Cout has cleared the ambiguity in Ramesh Nivrutti Bhagwat v. Surendra Manohar Parakhe , (2020) 17 SCC 284 and held that the residuary entry Article 137 of the Act, which covers proceedings for which no period of limitation is stipulated in the Act, provides for a three-year period of limitation will applicable for filing of Letter of Administration application. The Court followed the ratio laid down in Kunvarjeet Singh Khandpur v. Kirandeep Kaur { (2008) 8 SCC 463 }, wherein similar plea was negatived that since the Act prescribed no period of limitation in regard to matters concerning grant of Letter of Administration, therefore such an application can be filed at any point of time without being barred by limitation. 11. Under the circumstance, Letter of Administration was clearly barred by limitation and therefore, the Letter of Administration granted by learned Trial Court is set aside. Miscellaneous Appeal is allowed.