that the issue regarding appointment of an executor upon the death of Original Executors appointed under the will during the pendency of testamentary suit ... dated 01.11.2006. The executors appointed under the will are also a legatees under the will. Once, the executors appointed under the will, are also
contents of the will, nor was in a fit and disposing state of mind to execute such a will. The will does not appear ... effect of the alleged will dated 5.1.1993, voluntarily in exercise of his free will?
(3) Whether the 'will' dated 5.1.1993 is forged fictitious
duties of the executor Smt. Asha Goel came to an end. Now, she does not remain the executor of the Will. Similar controversy came before ... Will until it is revoked. Thus, it does no more than establish the factum of the will and the legal character of the executor. Probate
appointed Sri Satish Kumar Dutt and Ashok Dutt as executors of the will to divide the properties in accordance with her wishes. Lastly she stated ... Shri Kamlesh Nigam as PW-1; and the propounder and executor of the will Shri Ashok Dutt as PW-2. Shri Kamlesh Nigam, Advodate
appointed therein the executors named above as her trustees and executors
(3) That the nomination and appointment of the said executors was ratified, approved ... When any executor is absent from the State in which application is made, and there is no executor within the State willing to act, letters
hands of the executor or executors. Sub-section (2) says that the executor will be treated for the purposes of this Act as an individual ... deceased in the hands of the executor till the administration is completed. The executors will not be liable to be assessed in respect
executor. And an executor is defined by Section 2(c) of the Act as "a person to whom execution of the last will ... executor and a fortiori was never a person named in the will as executor. There could for the former reason, therefore, have been no question
appointed executor herewith : 1. Of all my property the said Phuudu shall be the executor. 2. The said executor will not have any right ... property. 3. Whatever may be the income of the property, the executor will have the right to spend the same for his own maintenance
that it prohibits recognition of right as an executor or legatee under a Will without production of a probate and sets down a rule ... Section 213(1) of the Act places restriction upon an executor/ legatee under a Will and requires him to obtain probate before he can approach
Will are not alive.
d. The Will does not give the administration of properties to the plaintiff, or make him executor of the Will ... person when there is no executor. 'Executor' means a person, whom the execution of the last will of a deceased person
