executors could act solely and usurp
the right, power and authority of the co-executor. When the executor of
the Will had not acted according ... case of three executors and one of them relinquished
his rights, while the other two executors obtained the probate of the Will of
the deceased
Will might have retained by the Executor; that
whenever the Executors made any corrections in the Will the same
were done in English; that ... time of execution of the Wills dated 20.04.2006; that the
Wills dated 20.04.2006 have been executed by the Executor and his
wife under undue influence
necessary ingredients of Section
276 of the Act. The alleged executor named in the Will
Mrs. Bhagwati Mishra has not come forward to file ... that time. The petitioner is not appointed as an executor in the
will by the testator. Therefore, no probate can be granted
petitioner in the petition that the Will dated
08.07.2010 is a registered will and is the last Will of the deceased, executed
by the deceased ... further deposed that as per registered Will, the petitioner
will get entire ground floor, the responded No. 2 will get first floor and
Smt. Usha
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
family Will dated
14.07.2014 is prior to the Will dated 29.10.2015 and therefore, the said will
cannot be treated as last and final Will ... Will dated 29.10.2015 and requested him to be witness of the said
Will and the deceased had discussed about the contents of the said Will
Will is proved by PW3 who has
categorically deposed that the copy of the Will produced by him is
true copy of Will ... actual beneficiaries if the Executor
has renounced the executorship or has failed to accept an
executorship within the time limited for the acceptance
Executor. Further, the
Will makes a provision that the Executor will have the authority to
have her name mutated as owner and lessee ... even aware that she was expressly
nominated as an Executor under the Will. Thus, instead of bringing
the petition under Section
medical records placed on the record and condition of the executor of
the Will, Sh. Ishwar Dutt, who was admitted in the hospital ... permission from the doctor regarding the mental condition of the
executor of Will whether late Sh. Ishwar Dutt was fit to make the said
Will
evident from the fact that he never approached
the alternate executor of the Will. He also submitted that, the legal
position of a nominee ... examination, he
had not approached Sh. Ish Bhatnagar, the alternate executor of the
Will. If the plaintiff's hands were clean, he would have
