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Amina Kidwai vs State on 22 November, 2025 DLST010003432010 IN THE COURT OF SH. ARUL

within his personal knowledge but he cannot be made the substitute the executor of power of attorney to prove facts which are within the exclusive

death of last surviving executor, such proceeding is bound to abate. The question of entertaining any application for substitution in an abated proceeding cannot arise ... application therein does not arise. Hence, the contention about the substitution of the deceased executor and thereafter transforming the proceeding into a proceeding for Letters

various pronouncement that the attorney cannot be substituted as a witness in place of the executor of the attorney. Reference can be made

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 ... Section 213 not come in the way of an executor or legatee being so substituted in place of the deceased plaintiff, even though

prosecute the suit as one of the executor of the will dtd. 07.01.2009; the applicant be substituted in place of deceased plaintiff; and that

appointed executor of the Will dated 13.12.94 but during the proceedings she expired and her LRs i.e. her sons were substituted on her behalf ... Page:-2/24 Kaura was the sole and exclusive executor and beneficiary of the said Will. It was accordingly prayed that probate be granted

This witness also drafted this Will at the instructions of the Executor Sh. Ghanshyam Dass as other attesting witness. This person is examined ... right to have her name substituted in concerned departments. He also appoints the petitioner as sole and absolute executor of the Will. He also makes

property by Will dated 11.02.1998 in his favour. Therefore, he should be substituted in their place and this application was allowed by Ld ARC vide ... required. The executor or legatee can establish his right without seeking probate. Therefore, the impugned order so far as the substitution of Sh. Umesh Chand