Agreement between two testators that none of them will revoke his/her Will by making subsequent Will.
(ii) Surviving testator is given life interest ... mutual Will, then the so-called second Will of 18th April 1999 Will not stand. Thus his client as an executor of that Will, will
genuineness of the Will and also by existence of the mutual Will. As such the named executor in the allegedly last Will is not entitled ... distinguished from his capacity as executor, is not affected. Lodha's controlling capacity as executor will only be suspended till the determination
genuiness of the Will and also by existence of the mutual Will. As such the named executor in the allegedly last Will is not entitled ... distinguished from his capacity as executor, is not affected. Lodha's controlling capacity as executor will only be suspended till the determination
executor along with Ganga Prasad Birla. This Court held
Ganga as one of the co-executors of the 1982 Mutual Will is entitled to maintain ... Joint Executors is compendium one and one executor represents the other.
When Ganga Prasad is no longer available surviving co-executors as a matter
following reliefs:
(a) The petitioner herein being the executors of the Will of Priyambada Devi Birla
dated 13th July 1982 be authorized to take possession ... power of an executor, although the source of such power are
different as the executor derives his power from the will and whereas
strong is the suspicion that it will lead to pronouncement of forgery. In the Will, Lodha is executor and beneficiary, the properties are vast ... allegations against the executor as to mismanagement and act of waste and devastation the executor cannot be removed. Executor is not like a Receiver. There
infructuous by the act and conduct of the Executor herein. The alleged Will has been abandoned by his conduct as he did not prefer ... look into the Will any more. The factum of forgery Will be substantiated by the conduct of the Executor himself, as he did not take
Benoy Krishna Pramanik, who was appointed as one of the executors to the said Will, showed no interest and/or declined to join ... Will and the said Will was drafted by Kamal Baran Mukherjee, Advocate.
It is also fact that Binoy Krishna Pramanik readover the Will
premises, and as legal heir and representative as well as the executor of
Will of his deceased father and his mother as an executrix ... legal heir and representative as well as the
executor of Will of my deceased father and my
mother as an executrix and legal heiress
does not file
then the grant will remain alive.
The application is disposed of. There will be no order as to
costs ... interim orders stand vacated. Receiver, if any, stands
discharged.
The executor will function in accordance with law. However,
liberty to apply to the Caveatrix
