Will as the will is bogus and on that basis remove
the executor. The learned Single Judge has referred to the Section ... Will Annexed.
The application for removal posits the acceptance of a Will.
(d) Any application for removal of an executor must
necessarily be read
attesting witnesses
in accordance with law and by the executor by removing
all suspicious circumstances surrounding the execution of
the Will. The registration ... livelihood.
It is elementary that it is a duty of the executor to
remove all suspicious circumstances surrounding the
execution of the Will
Mr. M.G. Ramachandran vs Ms. Ratna Kapur & Anr. on 17 April, 2023
Author
also an application by the defendant no.1 inter alia
for removal of executor and appointment of an Administrator pendente lite.
The affidavit-in-opposition
petition is filed under Section 301 of Indian Succession Act for
removal of executor.
4. It is submitted the deceased parents vide respective Wills executed ... terms of
the Wills and hence prayer is for her removal as an Executor.
5. Let notice be issued to the respondents through all modes
ground that no
grounds have been made out for removal of the executor and the locker
concerned was a joint locker of the testator along ... find sufficient materials
to form opinion at this stage for removal of the executor and appointment of an
administrator pendente lite.
The matter is adjourned
revoked. The probate court is a
court of conscience. The executor is required to remove all doubts that are
likely to arise in a probate
execution and registration
of the Will the executor of the Will is required to remove such suspicious
circumstances. The Hon'ble Apex Court ... submits that it is incumbent upon the executor
to produce and adduce credible and reliable evidence to remove all possible
doubts that are likely
legitimate suspicion should be
completely removed before the document is accepted as the last
Will of executor. If the propounder himself take a prominent part ... 1991]
propounder is required to remove doubts by clear and satisfactory
evidence.
26. The Supreme Court, in case of Lalitaben Jayantilal Popat
Vs. Pragnaben Jamnadas
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
