Will Executors Through Its Partner ... vs State Of Punjab And Others on 6 September, 2024
Author: Arun Palli
Bench: Arun Palli
Neutral Citation ... HARYANA
AT CHANDIGARH
CWP-22173-2024
Date of decision: 06.09.2024
God Will Executors ....Petitioner
Versus
State of Punjab and others ....Respondents
CORAM
when there is no executor;
(c) "executor" means a person to whom the
execution of the last Will of a deceased person ... Will. Thus it does no more than
establish the factum of the Will and the legal
character of the executor. Probate court does not
decide
Executor appointed under the Will. The cause of action to seek
probate of the Will is personal to the Executor and upon his demise ... Executor appointed by the Will.
(c) when the deceased leaves a Will but does not appoint an
Executor to execute the Will, Section 232 provides
only to an executor. Since the Probate proceeding was
initiated at the instance of the executors so named in the WILL,
it would survive till ... testator has not
appointed an executor. The Section states that where an
executor has not been appointed under a will or the
executor appointed
Executor appointed under the Will. The cause of action to seek
probate of the Will is personal to the Executor and upon his demise ... Executor appointed by the Will.
(c) when the deceased leaves a Will but does not appoint an
Executor to execute the Will, Section 232 provides
Will. It was noted that under the Will,
Dr. Nazia Shad had been empowered to prosecute Suit 1101. As an executor
of the purported Will ... 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
Will. It was noted that under the Will,
Dr. Nazia Shad had been empowered to prosecute Suit 1101. As an executor
of the purported Will ... 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
wherein she was
appointed as an Administrator and Executor of his Will.
23. This Court, vide Order dated 04.12.2000, allowed the defendant
no.3, late ... apposite to note that she had expressly stated
that the Executor will first divide the properties that are not in
litigation and thereafter, shall divide
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 ... included/enumerated for
removal of any private executor or administrator. The
executor so named in the will, therefore, should be
removed only when proper case
acts of the executor as such. Under
section 222 a probate can be granted only to an
executor appointed by the Will. When probate ... order impleading the executors with a view to
ascertain whether any of those executors who
would act as executor or would renounce the
executorship
