a) Does limitation of three years ( 137 of limitation Act) apply to having a will probated? Kunvarjeet Singh Khandpur vs Kirandeep Kaur & Ors : CIVIL APPEAL NO 2464 of 2008, 2008(2 )SCCD744 (S.C.)
The three years limitation period will start from the date of discovery of facts.
b) If limitation applies, then under what circumstances can the court entertain the probate application?
If he can manage to forge and fabricate a will, he can manage to play fraud on court with the help of some corrupted staff of the court or through some unbecoming lawyers.
c) If limitation applies, then is a mere application to the Court sufficient to deny probate and if so then is the will invalid and the estate treated as intestate?
Setting aside the exparte order on grant of probate is a different subject to that of dealing with property upon intestate death of the owner. You must do both the things as is required by law and not on any presumptions.
d) Is it necessary for the Applicant/Court to issue notice to all the legal heirs or only to those legal heirs mentioned in the will?
Yes, it is required by law for the court to hear all the parties to the case before passing any order/judgment in the case before it, whether in this case or any case before it. You are entitled to be given notice and heard by court before court decides on the probate case.
) Can the Applicant take the plea that he did not have the correct address of the legal heirs and hence notice was not served? (The Applicant has the phone no and email addresses)
If a person decides to play fraud on the basic issue itself, to maintain it he may go to any extent to play fraud on all other ancillary issues too. So he can very well state so, therefore on becoming aware of such a case you may immediately approach court and file an application to participate in the proceedings or else you may stand to lose your rights and entitlement.
f) When can one sue under 467/193 of the IPC? Can one also sue the witnesses of the will also under the 467 of the IPC.
Not necessary.
g) Is there a period of limitation under section 263 of the Indian Succession Act for revocation of probate?
What do you mean by revocation of probate. If the probate is granted, if the decree was exparte, it should be set aside by filing petition under the provisions of law, if it was a contested decree, then an appeal should be preferred before the appellate court. The delay should be sought to be condoned by filing a separate petition under section 5 of limitation act.
h) How is the succession to half of the land on which the building is erected, which belongs to my mother, is to be determined as she died intestate and probably her will has neither been fabricated nor probate applied for.
If there is valid bequest and the partition has been arranged in it, you may proceed as per that or else, by a partition deed drawn amicably all such conditions may be discussed and reduced to writing which can be registered after conclusion.