necessary to make an executor act and that the executor can even effect a sale. He therefore contended that for removal of a private executor ... application for his removal probate of the Will is not a condition precedent. The proceeding to remove an executor cannot be considered to be proceeding
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
Section 301 of the Indian Succession Act, 2025 for
the removal of the executor, namely the respondent herein
under the Will dated, 12.05.1995. The copies ... have
filed a petition before the High Court of Kerala for removal of
executor i.e., the respondent in terms of the Will dated
deceased vests in the
executor immediately after the death. The executor can
exercise his power as executor and act in accordance with
the terms ... that the executor
had started operating the account since the death of the
testator, coupled with the allegation that the executor had
removed cash, jewellery
later will or codicil revoking or adding to the appointment of the executors under the will, had been discovered.
The 8th illustration which throws some ... petition under Section 50 of that Act for the removal of the executor on the ground of Matter's misconduct and mismanagement
Mrs Leena Rego vs Smt Laura on 12 November, 2021
IN THE HIGH COURT OF
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
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
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
loss
caused to the institution;
(f) removal from service or
dismissal from service."
Thus, the Executor Officer could not have made the
impugned order
