Will | Person Directed To Make Payments From A Particular Fund But Not Out Of The Entire Estate Is Not Executor: Bombay High Court
1 year, 1 month ago

Will | Person Directed To Make Payments From A Particular Fund But Not Out Of The Entire Estate Is Not Executor: Bombay High Court

Live Law  

The Bombay High Court recently observed that when directed to make payments from a particular fund in a Will, a person cannot be deemed an executor of the Will by implication if they lack the general power to receive and pay from the entire estate of the deceased. Justice Manish Pitale stated – “even when a person is directed to make certain payments out of a particular fund but not out of the general estate, it cannot be said that such a person has been appointed as an executor by implication.” The court was dealing with a petition filed by one Dimple Rakesh Doshi seeking Letters of Administration with Will annexed concerning a Will dated May 29, 2022. The court relied on various precedents such as the Calcutta High Court judgment in Nimai Charan Chatterjee v. Lakshmi Narayan Chatterjee which gave the tests applied for ascertaining whether a person has been appointed as an executor. The court observed that even when directed to make payments from a specific fund, a person cannot be deemed an executor by implication if they lack the general power to receive and pay from the estate.

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History of this topic

Probate Not Necessary For Wills Executed By Indian Christians And Muhammadans After State Amendment To Indian Succession Act: Kerala HC
2 months, 1 week ago

Probate Not Necessary For Wills Executed By Indian Christians And Muhammadans After State Amendment To Indian Succession Act: Kerala HC

Live Law  

The Kerala High Court on Monday reiterated that in light of the State amendment made to Section 213 of the Indian Succession Act, a person nominated as an executor can establish their right over wills made by Muhammadans or Indian Christians without obtaining a probate. However, the State amendment to the Act which came into force in 1997 inserted that …

Probate Proceedings End With Death Of Will's Executor, Substitution Of Legal Heirs Not Permissible: Patna High Court
3 months, 2 weeks ago

Probate Proceedings End With Death Of Will's Executor, Substitution Of Legal Heirs Not Permissible: Patna High Court

Live Law  

The Patna High Court has said that upon the death of Will's executor, his/her legal heirs cannot be substituted in place of the executor, adding that probate proceedings come to an end upon the death of the Will's executor. Placing reliance on Section 222 of the Indian Succession Act, 1925, Justice Arun Kumar Jha noted that the right to obtain …

Muslim Person's Power To Dispose Property By Will Limited For Benefit Of Heirs: Kerala High Court Explains Scope
1 year, 4 months ago

Muslim Person's Power To Dispose Property By Will Limited For Benefit Of Heirs: Kerala High Court Explains Scope

Live Law  

The Kerala High Court recently pondered upon the question as to how far a Muslim could dispose of their properties by Will. Interpreting Paragraphs 117 and 118 of the Mulla’s Principles of Mahomedan Law, which provides for 'Bequests to Heirs' and 'Limit of Testamentary Power' respectively, the Single Judge Bench of Justice A. Badharudeen explained that, ".the power of a …

Acceptability Of A 'Will' In Financial Institutions: Problems And Possible Solutions
4 years, 7 months ago

Acceptability Of A 'Will' In Financial Institutions: Problems And Possible Solutions

Live Law  

Although a 'Will' is a legal instrument but when it comes to its acceptability, it is obviously not treated at par with that of the Succession Certificate or a letter of administration. Since, Succession certificate is a conclusive finding of the court regarding determination of the property rights of the members of the family of deceased in case of intestate …

No restriction on executor of Will also being a beneficiary under it
6 years, 7 months ago

No restriction on executor of Will also being a beneficiary under it

Live Mint  

I want to name a cousin as the executor of my Will, but also leave some of my assets to her. As per the provisions of the Indian Succession Act, 1925, there is no restriction on an executor of a Will also being a beneficiary under that Will. In fact, the Indian Succession Act, 1925 contemplates bequests to an executor …

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