executor. The
petition may be instituted by a beneficiary under the Will, either in
absence of any executor or on the refusal of the executor ... that where an executor dies though his heirs cannot be
substituted because the executor possessed personal right but this is
not applicable where the heirs
prohibit the petitioner from filing the present
petition, especially when the Executor did not perform his
responsibilities as mandated in the Will. In support ... legatee and not an executor under the will. It is true that
where an executor dies, his heirs cannot be substituted
because the executor possessed
clear that if „A‟ is an executor of B‟s Will by express
appointment and „C‟ an executor of it by implication then in such ... then on the death of the
original executor though he has proved the will, the executor so
substituted may be admitted to the office
XXII Rule 3 CPC , vide Order dated 01.11.2023,
substituted Sh. Vijay Krishan Goyal, the other named executor in the
Will, as the Petitioner ... hereby granted in
favor of the Petitioner's substituted LR/ named Executor, Sh. Vijay Krishan
Signature Not Verified Test Cas. 82/2021 Page
infirmity in the
petition filed. The Will does not name any executor. In view of Section 232 of
the Act, the petition for letters ... legatee and not an executor under the will. It is true that
where an executor dies, his heirs cannot be substituted because the
TEST
only where probate (where an
executor has been appointed under the Will) or
letters of administration (where no executor is
appointed under a Will) have ... does not come in the way of an
executor or legatee being so substituted in place of
the deceased plaintiff, even though at the stage
either an executor or a
legatee under a Will is in issue, such right can be
established only where probate (where an executor ... does
not come in the way of an executor or legatee being so
substituted in place of the deceased plaintiff, even
though at the stage
Flat No.26, 333 Kings Rd.,
London SW3 shall replace here
as Executor and Trustee.
Test Cas No.26/1987 Page ... clause 7
of the Will, the executor and the trustee were replaced by Lord
Northbrook and he was substituted as petitioner vide order
dated
Sh. Ajit Singh vs Smt.Adarsh Kaur Gill on 25 October, 2024
Author: Navin Chawla
this only means that the executor, the person
nominated in the Will to the position of executorship, is
substituted by someone else who will then ... executor who
has been appointed in the probate. It was held that there
must be clear evidence that the executor's continuance qua
executor
