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
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
Will or with a copy of an
authenticated copy of the Will annexed."
7. Under sub-section (1) of Section 211 , an executor ... executor's accepting his office, the
property vests on him and the executor derives his title from the
will and becomes the representative
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
sons-in-law namely, defendant No.1 and 2 as
executors of the Will. He had also nominated the
trustees under the Will dated ... legal possession of suit schedule property was
14
with the executors. The said executors after obtaining
the probate on 01.04.1947 handed over the property
bearing
Agnes challenged the execution of the Will contending that
the Will was not the last Will of the deceased and that the deceased
died intestate ... plaintiffs are the sons of John Frederick Gonsalves. They are
executors of the Will of John Frederick. By virtue of the said
Will, having been
Will dated 18th April 1988 of late Shri Bal Krishan Bali. The said
Will reads as under:
"This is the last will ... Will in that event Mrs. Neelam Bali,
my daughter-in-law at present residing at C-9/2, Vasant
Vihar, will act as my executor
appellant, Kulwant Kaur, mother of
the beneficiary was named as executor of the Will. The Will, which was
allegedly proved as exhibit ... disposition signed the Will of his
own free will. It has also been held that in case the executor of the Will in
this regard
