Probate limitation under Article 137 is not an absolute three-year bar; delay must be explained but does not defeat the application.

An application for probate, letters of administration or succession certificate is not barred merely because it is filed more than three years after the deceased's death. Article 137 applies to applications for which no other period is provided, but the right to apply in testamentary matters is a continuing one and does not necessarily accrue only on the date of death. Delay beyond three years may require explanation and can raise suspicion, yet it is not an absolute bar to limitation. Once the will's execution and attestation are proved, any suspicion arising from delay stands displaced.

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Issues: Whether an application for probate, letters of administration or succession certificate is barred by limitation under Article 137 of the Limitation Act on the footing that the right to apply necessarily accrues on the date of death of the deceased, and whether delay beyond three years is an absolute bar.

Analysis: The period prescribed by Article 137 applies to applications for which no other period is provided, but an application for probate or letters of administration is not one that must necessarily be made within three years from the date of death. The right to apply is a continuous right arising from the need to seek the Court's permission to perform the testamentary duty, and it may be exercised so long as the right survives and the object of the trust, if any, remains to be executed. Delay beyond three years may raise suspicion and must be explained, but the delay does not amount to an absolute bar of limitation. Once execution and attestation of the will are proved, the suspicion arising from delay no longer operates.

Conclusion: The limitation objection was rejected and the application was held not to be barred merely because it was filed more than three years after the deceased's death.

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