third executor by name Puttaswamaiah resigned as
executor on 10.05.2017. The remaining executors accepted
the resignation and they appointed one B.Rangaswamy as
executor ... executor immediately after the death. The executor can
exercise his power as executor and act in accordance with
the terms of the Will even though
earlier Will dated 21 st March, 2006 will prevail,
then it necessarily means that respondent No.1 should continue to
function as Executor.
24] This ... 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 is established unless probate is granted. 5
Probate can only be granted to an executor named as such in the
Will ... allowed re-entry. He cannot renounce
or recant his renunciation. Otherwise, executors will constantly step
in and out of probate proceedings. If executors constantly renounce
noticed that he has written a Will and has also
appointed Executors. The Will was probated in Hon'ble High Court of Bombay ... order that it is the primary responsibility of the
executors of the Will to clear all the tax dues of Shri Vrajlal Mehta as
applicable
ground that the will is a forgery, his intermediate acts will not be
validated and he will be liable at law for all that ... respondent No. 5. It will not do so until her objection to the probate of
the will succeeds. Until the will is proved
condition to execute the Will or that the Will is shrouded
with suspicion. The execution of the Will is duly proved
by examining the attesting ... 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 is established unless probate is granted. 5
Probate can only be granted to an executor named as such in the
Will ... allowed re-entry. He cannot renounce
or recant his renunciation. Otherwise, executors will constantly step
in and out of probate proceedings. If executors constantly renounce
been appointed as the executor. He states that as the
petitioner is not the executor of the Will, present probate petition is
barred ... orally and in writing had requested the
executors to carry out their duties as executors of the Will but
as they failed
been stated in the Will, that the original Will had been handed over to the executor. The executor, who had been in possession ... Will had not been produced. The original Will had not been produced. The original Will handed over to the executor had not been produced
Will is valid since the
testator held the property as separate property and bequeathed under Will
and the Will was proved by legal presumption ... Will can either seek to probate the Will as per
the terms of the Will or can challenge the Will, if he is beneficiary under
