they want to
renounce their executorship, no steps are taken by the executors. It is
submitted that no prejudice would be caused to the caveator ... 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
award debtor who died on 3rd February, 2021 and for substitution of the
name of one Kamlesh Kumar Agarwala in place and stead ... prayers therein. The name of
Kamlesh Kumar Agarwala is substituted as executor to the estate of the
deceased in place and stead of the award
January 1923, before another executor or administrator had been appointed, the plaintiff applied to the Registrar of this Court to substitute in place ... place of Dr. Taylor but no application to substitute him in place of the former executor was made and Syed Mohiuddin, it is contended
said Pronob Kumar Lall Singha as executor of the said unprobated will has actually made an application for substitution in Income-tax Reference ... could be taken, and that no machinery existed whereby the executor could be substituted for the assessee in the reference. The same question came before
plaintiffs had not been appointed executors by the will the plaint might be amended by substituting the adopted son as plaintiff with ... there that the amendment was more or less. a formal matter. The executors had sued under the mistaken impression that they were executors by implication
children. She left a Will of which she appointed her husband sole executor and he took out probate of that Will on the 12th ... pass according to Muhammadan Law. As such executor, the first defendant got himself substituted as party plaintiff in suit No. 746 of 1901. Some attempt
father. Even if her
husband who was the sole executor of the will was not
substituted, execution was not defective. [160B]
The Andhra Bank ... estate of Sewbux
Saraogi. Even in absence of the substitution of Motilal
Jhunjhunwalla, the sole executor of the will, the execution
was not defective. Reference
Indian
Succession Act, 1925 is that an executor qua
executor is not entitled to establish in any Court any
right claimed under the related Will ... moral duty cast on the executor, and
it remains as such so long as the executor does not
enter into his office. Once he takes
applied to the Prothonotary for an order to substitute Sir Dinshaw and Bai Hamabai, the executor and executrix of Bai Awabai's will
that case it was found that the executors authorised the arbitrators to substitute for the provisions of the Will which might seem to them indefinite ... have been the intention of the testator; in other words the executors in their submission authorised the arbitrators to make a new Will
