held that where an executor dies,
his heirs cannot be substituted because the executor possessed personal
rights, but this is not applicable where the heirs ... 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
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
line of paragraph (4), the
names of the executors are substituted by the following names :-
(1) Charita Hemmady, (2) Mr.Jagannath Babu, (3)
Ms.Padma
there is any conflict of interest in performing the duties of
Executor, he is liable to be removed. It is submitted that there shall ... sufficient grounds justifying removal of an executor, acting in dual capacity as
executor and the trustee. Continuance of substituted trustees is inter-connected to
finding
temporary rest houses.
7. Whenever any trustee or trustees either original or
substituted under this scheme shall die or be for six continuation
month absent ... them under this
scheme the surviving or continuing trustee or executor, and
administrator or administrators of the last surviving trustee or if
they shall
part of the estate of the said
deceased. Even if according to executor, there was mis-description and/or
inaccuracy or description of the property ... notice and copy of application on the beneficiaries, legal
heirs and other executors. The learned Prothonotary & Senior Master ought
to have directed the respondent
Mrs Mahabanoo Navroz Kotwal vs Piloo Fali Bomanji on 10 June, 2014
Equivalent citations: AIR
Sunit C.Khatau (Original Petitioner ... vs Dilip Dharamsey Khatau on 12 April, 2013
Author: R
Prasad T. Tendolkar vs 1) Seema Rebendra Datta Nee Seema Parab on 2 May, 2019
Shernaz Faroukh Lawyer vs 3. Manek Dara Sukhadwalla on 24 December, 2013
Author: R.D