In the case of Vasudev Daulatram Sadarangani Vs. Sajni Prem Lalwani Bombay Court Held – Under the Act no period is prescribed within which application for probate, letters of administration or succession certificate must be made .

Assumption that under Article 137 of the Act right to apply necessarily accrues on date of death of deceased, is unwarranted – Such application is for Court's permission to perform a legal duty created by Will or for recognition as testamentary trustee and is continuous right which can be exercised any time after death of deceased, as long as right to do so survives and object of trust exists or any part of trust, if created, remains to be executed – Right to apply will accrue when it becomes necessary to apply which may not necessarily be within 3 years from date of deceased's death –Delay beyond 3 years after deceased's death will arouse suspicion and greater delay, greater will be suspicion – Such delay must be explained, but cannot be equated with absolute bar of limitation – Once execution and attestation are proved, suspicion of delay no longer operates.