Will Executors Through Its ... vs The State Of Punjab And Others on 15 September, 2022
Bench: Ravi Shanker Jha , Arun Palli
IN THE HIGH COURT ... CHANDIGARH
CWP-21007-2022
Date of decision : 15.09.2022
M/s Good Will Executors
.......Petitioner
Versus
State of Punjab and others
....Respondents
CORAM
This postulates an acceptance of the Will. If the Will
itself is challenged, then the appointment of the executor is
itself in doubt, and there ... clear evidence that the executor's continuance qua
executor is detrimental or injurious to the estate and will
frustrate the Will, with the administration
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 ... virtue of
the 'Will' and not by virtue of the probate. 'Will' gives property to the
executor, the grant of probate
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 ... virtue of
the 'Will' and not by virtue of the probate. 'Will' gives property to the
executor, the grant of probate
that in case of
death of an executor, representation would survive to the
surviving executor or executors, as the case may be. At the
same ... Will, and can survive till the executors survive.
Moment the sole executor dies or all the executors die, the
question of proceeding being kept alive
Executor appointed by the Will.
(3) when the deceased leaves a Will but does not appoint an
Executor to execute the Will. Section 232 provides ... Will with a consequential issuance of
letters of Administration with the Will annexed.
12. The situation as envisaged under Section 232 of the Executor having
Ramamurthy had executed his Last Will
and Testament, dated:25.06.1987 at plaintiff No.1's
"Will Department, Executor, Trustee & Taxation
Section ... contended that the
Executor has deliberately not stated about the alleged
correspondence between the Executor and other
respondents. The Executor is guilty of suppression
Letters of Administration with Will is not maintainable while
Executor appointed in Will is in existence". It is stated that one of the
Waghmare ... ahead with taking
steps in relation to the said Will, the Executor will be constrained to take
legal action against the Petitioner.
Waghmare
Will or with a copy of an authenticated copy of the Will
annexed.
(2)This Section shall not apply in the case of Wills made ... executors by
virtue of the Will and not by virtue of the probate. Will gives property to the executor;
the grant of probate is only
subscribed to the terms of
the Will.
The propounder of the Will has not only to prove the Will in accordance
with Section ... handmade Will or draft will. He was not present when the Will
was scribed. He also could not say who had typed the Will.
Sisir
