time of execution of will, it cannot be expected that he will take
steps to prove the will of the testator. Thus, in such circumstance ... have knowledge about
the Will and the Will was not in his custody. From the plain reading of the will
and from the evidence adduced
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 ... executor's accepting his office, the property vests on him and the executor
derives his title from the will and becomes the representative
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 ... clear evidence that the Executor's
continuance as Executor is detrimental or injurious to the estate and will
frustrate the Will, with the administration
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 ... clear evidence that the Executor's
continuance as Executor is detrimental or injurious to the estate and will
frustrate the Will, with the administration
were other executors, in case the
primary executor fails in her duty.
3. The aforesaid Will was registered on 29.10.1984 before the officer ... Probate only to appointed executor.--(1) Probate shall be
granted only to an executor appointed by the will. (2) The
appointment may be expressed
Chandrasekaran executed the will and testament
concerning the movable and immovable properties held by
her (‘the Will’).
Through the said Will, Padmini Chandrasekaran
bequeathed ... executors. In the case on
hand, Plaintiff Nos. 2 to 4 are not only Trustees to the Trust but executors to
the Will
witnesses to the subject Will also casts a suspicion on the
subject Will. He submits that the Executor was a junior executive of
the Group ... confidant, therefore, the petitioner
had been appointed as an Executor of the Will by the Testator.
62. She submits that though Mr. Primal Oswal
pointed out certain discrepancies between the
two Wills submitted during trial i.e. Will produced by the
Executor (Ex-PW1/A) and the Will produced ... which the Will was prepared. If a Will is prepared and
executed under circumstances which raise a well grounded
suspicion that the Executor
Will of the Deceased which is being propounded by the Plaintiff is
dated 15th May 1986 ("the said Will"). By the said Will ... last
Will and Testament dated 13th August 2011. In her last Will and
Testament, Katel Patel named the Plaintiff as one of the executors
order
impleading the executors with a view to ascertain whether any of
those executors who would act as executor or would renounce
the executorship ... with Will annexed, it would not prove
the existence and/or execution of the Will in question. The
caveator who has disputed the Will would
