will
when granted establishes the will from the death of the
testator, and renders valid all intermediate acts of the
executor as such.
***
Section ... been
discovered which revokes or adds to the appointment
of executors under the will.
Signature Not Verified
Signed By:RAHUL TEST.CAS. 2/2026
Will, no issue can be
struck to decide if that Will was the last Will and was a
valid Will and the other Will which ... propounded a Will i.e. Will of 1994 and filed for Probate of the said
Will as Executor thereof which is pending before the Testamentary
executed his last will and testament dated 27 March 1997
(Will) wherein, the Respondent - his elder son, was named as
the Executor ... fiduciary duties as an Executor. He therefore
seeks removal of the Respondent as Executor of the Will of the Testator.
SUBMISSIONS OF THE RESPONDENT
alleged Will is created and fabricated
one and the Plaintiff will not get any right over the
Suit Properties. The Will propounded by the Petitioner ... Will
and he has also clearly opined that the signatures
found on the Will were of the testators. The executors
of the Will were neither
Deed and not the Will. Shradha responded
vide e-mail dated 15.06.2025 and sought the original Will as an executor
and also enquired the name ... drafted and
prepared the Will. Clause 3 of the Will ordained Shradha to probate the Will
and if the Will was genuine, she ought
defendant No.1. Alleged Will is forged and
concocted document. In terms of registered Will dated
27.09.2006 through executors of Will, this defendant
has been ... Will dated 27.09.2006
is registered Will. Under specific terms of said Will,
defendants No.7 to 9 have been appointed as executors
death of the party. Thus, under Section 306 , the
executor/administrator of a deceased will have a right to prosecute
or continue any action ... causes of action for defamation, & c. – It
will appear from the above that an executor or administrator
can maintain an action in his representative
Sections 211 , 227 , and
307 of the ISA, 1925, the executor of a Will is perfectly
competent to deal with the estate of the deceased ... proceedings are launched against them.
34. The role of the Executor of a will is to execute it as per
the disposition of the testator
Will, when granted,
establishes the Will from the death of the testator and renders valid all
intermediate acts of the executor as such. Considering ... executors and
administrators appointed by the court are laid down therein.
Removal of the existing executors and administrators and
appointment of subsequent executors are within
subject matter of the probate
proceeding as well. As the Executor of the Will of NL, the plaintiff/appellant
is supposed to protect the property ... Todi in the capacity of the plaintiff as Executor
of such Will, the 2019 Settlement being fraudulent and invalid in view of the
contravention
