powers of a Court to remove an
execution. That Section reads thus:
"301. Removal of executor or administrator and
provision for successor.-- The High ... succession' by the next named executor. But where the sole
executor (or all executors) are removed, then the appointment would
have
tendered on 9th October 2015 captioned
"Points to Ponder for Removal of Executor u/s. 301 of Succession
Act in MPTL 98 of2015: Illegalities ... executors, such executors
or trustees cannot be allowed to foist
themselves upon the beneficiaries/legatees
to act on their behalf as executors and
trustees. Respondent
defendant/s.
12 S.301 of the Act provides for removal of executor or administrator
and provision for successor in cases of stipulated conditions being ... said provision is also quoted below for ready reference.
S:301: Removal of executor or administrator &
provision for successor -
The High Court
Mukesh and Bharat brought proceedings to remove Ashok
and Kishore (Defendants Nos. 8 and 9) as executors. Various orders
were passed ... trial court and in appeal. Ultimately, both Ashok
and Kishore were removed as executors. Only the two Ashers
2. Plaint
Mukesh and Bharat brought proceedings to remove Ashok
and Kishore (Defendants Nos. 8 and 9) as executors. Various orders
were passed ... trial court and in appeal. Ultimately, both Ashok
and Kishore were removed as executors. Only the two Ashers
2. Plaint
administrators appointed by the court are laid down
therein. Removal of the existing executors and
administrators and appointment of subsequent
executors are within the exclusive ... will annexed establishes conclusively as
to the appointment of the executor and the valid
execution of the will. Thus it does no more than
establish
Smt. Bimla Devi @ Bimal Devi vs Uma Devi on 3 March, 2016
Author: Shivaji Pandey
application for removal of the executor,
made at the instance of the defendant.
The learned Advocate for the defendant refers to an order dated
August
application by a legatee under the
alleged Will seeking removal of the executor. A probate was granted in 2007 and revoked
upon a possible intestate
plaintiff and against the defendant no.1, his agents, employees,
survivors, executors, attorneys, assigns and any other person acting
for and on behalf of defendant ... defendant no.1 not to remove any load bearing
wall and repair the load bearing walls which have been removed.
(e) Decree of mandatory
