Will on a date subsequent to the execution of the second Will,
the first Will is deemed to have been revived and the second Will ... executor.
29. Apart from the rights conferred by the statute on an executor, even
logically, the executor of a previous Will of the same testator
Will for production of the original Will. Similarly, she has also issued a letter dated 22.09.2010 to the named executors to produce the Will. Similarly ... Will and the Advocate who drafted the Will also failed to produce the original Will. Therefore, now one of the beneficiary in the Will filed
Dhanda
executed a Will dated 26.10.2002. The Will was in two parts.
The Part-II of the Will is the subject matter of this petition ... properties has also been mentioned in the Will. All the Trustees
under the Will were made executor of the Will. The provisions
has also been
will and codicil dated 26.4.1990, the said
deceased had also executed a will and codicil on
1.12.1987. He submits that under both the wills ... that similarly
Mr.Hasmukh Gandhi, who claimed to be a joint executor of
will and codicil dated 26.4.1990 was an Advocate and was
associated with
Prasad Birla was retained as he
was one of the executors of the Will of PDB dated 13th July, 1982. Appeals
were preferred by Krishna ... represented the joint executors contesting the grant it was not
necessary to allow any other executors of PDP's 1982 Will to appear
Abha's Will will become
unworkable as sufficient moneys to cover all the dispositions will not
be available with the executor. Hence, Abha certainly ... devising/bequeathing her
properties. She stated that the said Will was her last Will. The Will
has been witnessed by three persons. There does
application for removal of the executor and taking
appropriate steps against the executor, stands revived and will be decided by the
probate court in accordance ... filed. If any money has been removed by the executor from the
estate, the executor will account for the last paisa thereof in the affidavit
witnesses of the Will and who was in
custody the Will, vide his letter dated 27.05.2003 apprised the
petitioners regarding the Will wherein the deceased ... stipulated period by the executor,
however, in the case in hand, the executor did not take steps
for execution of Will and hence, even
execution of Will and also remove the suspicious circumstances, so as to make the court believe, that the Will was the last Will executed ... Will was executed in her presence. Thus, she was very much knowing that the Will was being executed in favour of her husband. The executor
22nd July 2003 made it clear that the Will was
not properly executed. The Will was void for uncertainty containing
no absolute bequests to Shobhana ... prove that the
amounts accepted by these defendants from the
executors of the alleged Will of the deceased Yes
were under protest and without prejudice
