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
application alleging misconduct of an Executor, the Court cannot shut eyes to conduct
of Executor and allow an executor to continue, irrespective of his working ... whole or part of his property his will, if properly drawn, will direct the
executor, after performing the ordinary duties of administration, to make over
registered, the alleged Will
annexed to the testamentary petition is not as per her last Will and
Testament. The said Will was alleged to have ... Will the plaintiff as the executor as he was
already named as the executor in the Will dated 16th October, 1996 of
the mother
absolute vesting of the
property in the executor. The executor is bound by the contents of the will.
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::: Uploaded ... said Will. He submits that in the said Will it was clearly stated that the
said deceased in his previous Will had bequeathed his house
Will is fraudulent ? Yes.
4 Whether the defendants prove that
the alleged Will is forged ? Yes.
5 Whether the defendants prove that
the alleged Will ... alleged attesting witness was present during
the execution of the alleged Will. The Will was allegedly executed on
the day of Diwali. She submits that
executor. The said Mr Jimmy Pirojsha
Avasia however renounced his right as executor for probate and execution of
the said Will dated 22nd November ... administrator pendente lite where there is a
person named in the will as executor whose appointment is not questioned and
who can discharge the functions
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
conscience that the Will or the Codicil put forward as the last Will and Codicil
of the deceased was her last Will and Codicil ... sole executor seek impleadment in the proceedings on the
death of the executor. The legal heirs of the sole executor
cannot be brought on record
will and codicil dated 26.4.1990, the said
deceased had also executed a will and codicil on
1.12.1987. He submits that under both the wills ... that similarly
Mr.Hasmukh Gandhi, who claimed to be a joint executor of
will and codicil dated 26.4.1990 was an Advocate and was
associated with
execution of the Will. The propounder of the Will has
to prove the due and valid execution of the Will and if there ... date of execution of Will, it would not prove that Will was not executed on
the date mentioned on the Will.
28. In my view
