will
when granted establishes the will from the death of the
testator, and renders valid all intermediate acts of the
executor as such.
***
Section ... been
discovered which revokes or adds to the appointment
of executors under the will.
Signature Not Verified
Signed By:RAHUL TEST.CAS. 2/2026
This postulates an acceptance of the Will. If the Will
itself is challenged, then the appointment of the executor is
itself in doubt, and there ... clear evidence that the executor's continuance qua
executor is detrimental or injurious to the estate and will
frustrate the Will, with the administration
Executor appointed under the Will. The cause of action to seek
probate of the Will is personal to the Executor and upon his demise ... Executor appointed by the Will.
(c) when the deceased leaves a Will but does not appoint an
Executor to execute the Will, Section 232 provides
Executor appointed under the Will. The cause of action to seek
probate of the Will is personal to the Executor and upon his demise ... Executor appointed by the Will.
(c) when the deceased leaves a Will but does not appoint an
Executor to execute the Will, Section 232 provides
were other executors, in case the
primary executor fails in her duty.
3. The aforesaid Will was registered on 29.10.1984 before the officer ... Probate only to appointed executor.--(1) Probate shall be
granted only to an executor appointed by the will. (2) The
appointment may be expressed
Executor appointed by the Will.
(3) when the deceased leaves a Will but does not appoint an
Executor to execute the Will. Section 232 provides ... Will with a consequential issuance of
letters of Administration with the Will annexed.
12. The situation as envisaged under Section 232 of the Executor having
would vest
in him as such an executor. Where more than one executors are
named in the „Will‟, all the executors jointly or severely ... executor must be
before the executor takes any step to act as an executor or as a
trustee. It cannot be that an executor
Probate only to appointed executor. - (1) Probate shall be granted only to an executor appointed by the will.
(2) The appointment may be expressed ... respondent is neither in fact an executor nor has it ever claimed to be the executor of the will. As such I hold that
Will or with a copy of the Will
annexed). It is not in dispute that the said section
applies in the case of Wills made ... Will produces the probate.
Section 213 clearly creates a bar to the establishment
of any right under a Will by the executor or legatee
unless
Probate only to appointed executor.-(1) Probate shall
begranted only to an executor appointed by the will.
(2) The appointment may be expressed ... implications. The aforesaid Will
more particularly, para 7 of the will read in juxtaposition with the other
provisions of the will indicates that the properties
