Arvind Karwat
Respondent no. 2 is liable to be removed and substituted as Executor under
Section 301 of the Indian Succession ... prayer seeking removal of Respondent no. 2 as Executor and
his substitution by an Administrator pendente lite is rejected.
Consequently, the appointment
Petitioner as one of the executors of the Will had filed the present
Petition whereas the other two executors has reserved their right of
executorship ... learned counsel for the Petitioner to amend the Petition
for being substituted as executor in the Will of the deceased.
2. Learned counsel
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
enrichment of estate of Dr. Lall LRs, and hence
cannot be substituted. Therefore, in absence of decree, recording
7
finding of personal injury ... opposite party rendered service in
person, his/her legal heirs cannot be substituted for any negligent
act of individual Doctor. To buttress the submissions, reliance
agents, attorneys, nominees, executors, authorized
representatives or anybody acting on his behalf from in any
manner to modify/alter/add/substitute reconstitution of
Board ... agents, attorneys, nominees, executors, authorized
representatives or anybody acting on his behalf from in any
manner to modify/alter/add/substitute share holdings
Amrish Kilachand vs. Harsh Kilachand
Judgment :-
1. An Executor is the living instrument of the deceased Testator's
final Will and stands ... mismanagement of the
estate on the part of the Executor and accordingly, seeks his
removal/substitution.
BRIEF CHRONOLOGY
2. Before dealing with the merits
beneficiary under the Will to be substituted in place of the executor,
who has expired and for permission to convert Probate Petition into a
Petition ... shoes of
the executor under Section 232 of the Indian Succession Act, 1925. She
submits that after demise of the executor, there was proposal
Thereafter, on 13 th
August 2020, the surviving Executor also expired. As a result,
both Executors named in the Will passed away prior to
Page ... seeking withdrawal of his Caveat, substitution in
place of the deceased Executors, and conversion of the
proceedings into a Petition for Letters of Administration with
Chakraborty, since deceased. The original petitioner,
Sushil Kumar Chakraborty was the sole executor of the last Will and
2
Testament dated 13th August, 2001, executed ... legal heirs and successors and representatives of the sole
executor had been substituted subsequently.
The report of the department dated 18th November, 2025 revealed
paragraph of the 2nd page, the word „Executor‟ shall be
substituted by the phrase „Administrator Pendente Lite‟ with addition that „he
is confirmed as Administrator
