registered, the alleged Will
annexed to the testamentary petition is not as per her last Will and
Testament. The said Will was alleged to have ... Will the plaintiff as the executor as he was
already named as the executor in the Will dated 16th October, 1996 of
the mother
rents and license
fees will have to be collected, tax will have to be paid, investment made and
maintenance will have to be undertaken. According ... contents of
Will are perused. The contents of Will are being undisputed. It would be
appropriate that the same is scrutinised. The Will
absolute vesting of the
property in the executor. The executor is bound by the contents of the will.
-
Page-19/82
::: Uploaded ... said Will. He submits that in the said Will it was clearly stated that the
said deceased in his previous Will had bequeathed his house
Will dated 21.10.1992 claiming that he had
been granted certain rights under the Will. A second Will
dated 14.5.1993 and a third Will dated ... whom claimed that the
Will in his/her favour was the genuine Will.
6. On 17.8.2001, Reba Mitra's Will dated 14.12.1997
was granted
duties of the executor Smt. Asha Goel came to an end. Now, she does not remain the executor of the Will. Similar controversy came before ... Will until it is revoked. Thus, it does no more than establish the factum of the will and the legal character of the executor. Probate
sole executor seek impleadment in the proceedings on
the death of the executor. The legal heirs of the sole
executor cannot be brought on record ... death of the executor during the pendency of the test suit
proceeding. It was noted that after the executor of the Will expired,
the sole
Will is fraudulent ? Yes.
4 Whether the defendants prove that
the alleged Will is forged ? Yes.
5 Whether the defendants prove that
the alleged Will ... alleged attesting witness was present during
the execution of the alleged Will. The Will was allegedly executed on
the day of Diwali. She submits 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
Thrivannamalai. Apart from these payments, there was a direction
that the executor will be entitled to a sum of Rs.50,000/-. The balance
amount ... terms and conditions of the will and dispose of
his properties as stated by him in the will. The executor was entitled
