Prasad T.
Tendolkar who claimed to be an executor under an alleged Will and
Testament dated 16th October,1996 alleged to have been executed ... 16th October, 1996, the said deceased had appointed the plaintiff
as an executor. The said Will was allegedly witnessed by Dr. Vimal
Kasbekar
short) provides as to when the right of the executor or
legatee is established. Sub-section (1) thereof provides
that no right as executor ... Section 213 of the Act, the suit cannot be decided
unless the executor of the Will produces the probate.
Section 213 clearly creates
entitled to the Probate as he is not the named Executor in the Will.
Findings and Analysis
12. The Will ... ones. It is
contended that since the Petitioner is not the named Executor of the Will, he
is not entitled to probate in view
giving or causing to be given notice to the said lessee his Executors, Administrators and Assigns, to remove the same which notice may be given ... breach of any of the aforesaid covenant the said lessee has Executors, Administrator or Assigns shall and will on demand pay or cause
elder
brother of the applicant and has been appointed as an Executor of last Will
and testament of Shri Ramesh Vashi. Relief is sought ... wherever the context so requires) in
collusion with other two named Executors are interfering with the
administration of estate and are usurping the estate
will and testament dated 30.10.2008. The assessee's father appointed
an executor to execute the directions contained in the will. In terms ... assessee's
father, there was a direction to the executor of the will, upon sale of the
property
Joseph. The said son Joseph was appointed as the sole executor of the said
Will on 20.2.1971. The said Andrew D'Cunha expired ... said Joseph D'Cunha who was appointed as
an executor under the said Will filed Probate Petition No.851/1979 in this
Court inter
Petitioner :- Parsi Panchayat, Surat through its General Attorney & Executor
Respondent :- State of U.P. And Another
Counsel for Petitioner :- Umesh Kumar Gupta,Sunil Dutt ... Constitution by Parsi Panchayat, Surat, through its General Attorney and Executor, Sri V.S. Pandey being aggrieved by order dated 18.08.2018 passed by District Magistrate
John De Monte, the vast estate stood vested
in the executors of the Trust and the properties to be used towards public
charity as outlined ... which if not
accomplished before my death. I desire that my Executors shall
within two years after my decease make a separate Fund of
Fifteen
therein?
(ii) Whether the will is shrouded by suspicious circumstances and
the executor is able to dispel the same?
(iii) Whether the purported will ... been proved by the executor
and Section 69 has any manner of application in the instant
case? And
(iv) Whether the affidavit executed
