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
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 ... case back to the trial court. We
permit the appellants to be substituted in the proceedings
and also permit them to amend the petition
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
Pravinbhai Patel as well as substitution as
appellant. It is an admitted position that Ashwinbhai Naranbhai Patel
is an executor of Will executed by late ... seeks substitution as appellant in place of present appellant who
wishes to withdraw the Appeal. The said Ashwinbahi is the executor of
the Will
Lhamo died on March 01, 2004 and thereafter the executors
of Nyima Lhamo were substituted as plaintiffs. During the pendency of
the appeal, the learned
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
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
died leaving behind Will. On his
death, the petitioner took steps for substitution and
beneficiaries in the Will were brought on record in
place ... behind this Will without appointing any executor,
however, had given benefits to a number of persons.
After substitution is made, these beneficiaries took
steps
party is claiming himself as the
executor of will of said Samsunnessa Begum and as such, applied for
substitution in her place in the Title ... executor of the
2
purported will. Learned court below without going into the deep of the matter has
allowed the prayer for substitution of Kamaluddin
hearing ld. trial court
allowed said application permitting O.P. to be substituted as plaintiff in
2
place of deceased plaintiff and to continue ... appearing for the petitioner submits that the
executor is not going before the Court for being substituted in place of
deceased plaintiff and that
