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 ... executor. The petition may be instituted by a
beneficiary under the Will, either in absence of any
executor or on the refusal of the executor
executor and it can by no means devolve upon the heir of the
executor appointed by the will. Therefore, after the death of the
executor ... place of the executor. The probate proceedings come to an end
with the death of the executor. Moreover, the substitution of
heirs/legal representatives
specific question as to whether
the executor and the legatee under the Will can claim substitution as a legal
representative of the deceased plaintiff ... 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
executor under the will. It is true that where an
18
executor dies, his heirs cannot be substituted because the
executor possessed personal right ... case back to the trial court. We permit
the appellants to be substituted in the proceedings and also
permit them to amend the petition
executor under the will. It is true that where an
18
executor dies, his heirs cannot be substituted because the
executor possessed personal right ... case back to the trial court. We permit
the appellants to be substituted in the proceedings and also
permit them to amend the petition
executor under the will. It is true that where an
18
executor dies, his heirs cannot be substituted because the
executor possessed personal right ... case back to the trial court. We permit
the appellants to be substituted in the proceedings and also
permit them to amend the petition
clear that if „A‟ is an executor of B‟s Will by express
appointment and „C‟ an executor of it by implication then in such ... then on the death of the
original executor though he has proved the will, the executor so
substituted may be admitted to the office
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
died on 11.07.2025,
the legal heirs of the sole plaintiff/executor got substituted, therefore, in the
light of Section 232(b) of the Indian Succession ... Kumar Varma who was
the beneficiary and executor of the Will died on 11.07.2025 and has been
substituted by his legal heirs vide order dated
Sumedh 9-ial-12635-2025-J.doc
for removal or substitution of an executor. The principles laid down
in these decisions squarely apply ... involved.
12) The sole beneficiary of the deceased estate seeks
substitution of himself as Executor due to ill-health and inability to
perform his duties
