orally and in writing had requested the executors to
carry out their duties as executors of the Will but as they failed ... said executor wish to act as
executor. It was also clarified that if the said executor seeks to take inspection
of the original Will
Will dated 21.10.1992 claiming that he had
been granted certain rights under the Will. A second Will
dated 14.5.1993 and a third Will dated ... whom claimed that the
Will in his/her favour was the genuine Will.
6. On 17.8.2001, Reba Mitra's Will dated 14.12.1997
was granted
Will for production of the original Will. Similarly, she has also issued a letter dated 22.09.2010 to the named executors to produce the Will. Similarly ... Will and the Advocate who drafted the Will also failed to produce the original Will. Therefore, now one of the beneficiary in the Will filed
will appear from the relevant portion of paragraph
17 of the will which is as follows :
"I direct that my executor Babu Anil Nath ... case of the respondents that as per the directions in the Will, executor
was required to pay Rs.5,000/- to each of the legal
registration of the Will. It is
submitted that the scribe of the Will had never come and deposed. The
executor, in fact, had clearly stated ... capacity
to execute the Will of this nature. The said will cannot be the product of his
free Will and volition. The earlier proceeding
necessary that will could be in his possession, or the will
having in his favour, be a last will and if there happens ... submitted that
infringement of right will be perceived only on the basis of a
will acknowledging status of executor, and the same hints
towards presence
Prasad Birla was retained as he
was one of the executors of the Will of PDB dated 13th July, 1982. Appeals
were preferred by Krishna ... represented the joint executors contesting the grant it was not
necessary to allow any other executors of PDP's 1982 Will to appear
probate of the
Will claiming the petitioner to be the executor of the Will which
petition was disposed of vide order dated ... Will, when granted, establishes
the Will from the date of the death of the testator and it renders
valid all intermediate acts of the executor
alleged that the LOA holder was not appointed
executor by the will. It was alleged that the probate was obtained
5
from the Superior Court ... been
discovered which revokes or adds to the appointment of
executors under the Will.
(viii) The person to whom probate was, or letters of
administration
appointed Jagan Nath Paul of Jalandhar as the sole executor of the will. She died at Indore on l5th Aug. 1956. Jagan Nath Paul refused ... executor and no one else. If the executor refuses to act or has died before he has proved the will, then an application for Letters
