could
have been granted a letter of probate since there was no executor
to the will. However, petitioner is admittedly a legatee and at
best ... 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
will executed by her, wherein no one has been nominated as executor, therefore, even if there is no necessity of obtaining probate in the State ... Succession Act does not come in the way of executor or a legatee being so substituted in place of deceased plaintiff, even though
otherwise the executors appointed by the will do not all prove, power may be reserved to the non-proving executors to prove at a later ... that in a certain event some other person shall be substituted for his original executor, that other person becomes entitled upon the happening
effect only after the death of the testator the beneficiary or the executor under the Will, Hari Narain having predeceased the testator no rights under ... application do not have any right to seek substitution such heir of the deceased executor can not file the application for the grant of probate
Jaspal Singh vs Dy Commissioner Of Income Tax And Ors on 12 July, 2019
Author
Basant Nahata vs The State Of Rajasthan And Ors. on 28 November, 2000
Equivalent citations
Article 21 of the Indian Limitation Act , a "suit by an executor, administrator or representative under the Indian Fatal Accidents ... relating to fatal accidents in force in the State" were substituted. The contention of Shri Narula is that the Limitation Act does not afford
Kishan Lal Mehatar S/O Kalu Ram Mehatar vs Dy. Commissioner Of Income Tax (Benami
Balram Meghwal S/O Ishwar Ram Meghwal vs Dy. Commissioner Of Income Tax (Benami ... on
Gulab Singh Yadav Alias Ramu Ram Alias ... vs Union Of India Through Its Secretary on
