...Single Judge has committed an error in recording that there is no named executor in the Will.4. The only reason for not granting the probate to the appellant was that he was not named...granted only to the named executor of the Will. In the instant case, the petitioner is only a beneficiary under the Will and nobody has been appointed as the executor of the Will. Thus, though probate of...the Will cannot be granted to the petitioner, on the other hand, I do not find any impediment in grant of Letters of Administration in respect of Property No. B-84, Gulmohar Park, Journalists Colony...

...determine whether probate of an alleged will shall issue to the executor named in it and that the executor has no power to refer the question of execution of will to arbitration. It was also held that...:“(1) No right as executor … can be established in any Court of Justice, unless a Court of competent jurisdiction in India has granted probate of the will under which the right is..., “if an executor is appointed for any limited purpose specified in the will, the probate shall be limited to that purpose, and if he should appoint an attorney … with the will annexed, shall be...

...application claiming that the opposite party no.1 was mentally incapable was rejected. Initially, the probate proceeding was filed by one Gopal Chandra, who was the named executor in the Will in question. It was provided in the said Will that in case of death of the said first executor, Gopal Chandra, 2one Shrimati Mrinmoyee Dutta, (petitioner no.1...could not arise since the opposite party no.1, also a named executor in the Will, survived the previous executor and there was no scope for the legatee to interject with a prayer for Letters of.... Here, the appointment of the opposite party no.1 as executor was not by implication, necessary or otherwise, but was specifically expressed in the Will. The question of invocation of Section 232 also...

...counsel appearing for the parties, let Probate of the last Will and testament dated 4th August, 2008 of Bela Chatterjee be granted to the executor, Udayan Mukherjee named in the said Will and as prayed for in T.S. No. 10 of 2015. Similarly, the Probate of the last Will and testament dated 4th August, 2008 of Rabindra Nath Chatterjee will be granted to the executor, Udayan...named in the said Will.6.Let C.S. No. 106 of 2017 be decreed in terms of the Terms of Settlement. As prayed for by counsel, the department is directed to draw up the decree and issue grant of probate expeditiously....the plaintiff submits that the same will be done in pursuance of the terms and that there are no disputes remaining between the parties.5.In terms of the above, and as submitted by the...

...filed by an Executor named in the Will and since the appellant was not an executor named in the Will, no probate can be issued in favour of the appellant. The trial Court further has stated that no...has incorporated Subsection (2) to Section 222 of the Act. 8.10. If the reasoning of the trial Court is accepted, then in all cases where no executor is named in the Will, probate cannot be granted and...being the appellant and there being no executant named in the Will, by necessary implication, the beneficiary would be deemed to be appointed as the executor of the Will and the beneficiary can seek...

...the Will was not maintainable. It was the case of the petitioner that the probate Original Petition under Section 276 of the Indian Succession Act, 1925, can be filed only by the executor named in the Will in view of Provision of Section 222 of Indian Succession Act. The Court below rejected the said contention of the revision petitioner by relying 2 on the judgment rendered by Division Bench of Karnataka High Court that the sole beneficiary can apply for probate of Will since no executor...provisions of Section 222 and 276 of Indian Succession Act, submits that only in cases where executor had been named in the Will, he is entitled to seek grant of Probate, in other cases where no executor is...named in the Will, the legatee under the Will can only seek letters of administration. Therefore, it is the contention of the learned counsel for the petitioner that original petition seeking Probate...

...presence of D.Muthu Narayanan and S.Gopinath. Since no executor was named in the Will, the petitioners have presented the petition as the beneficiaries under the Will. The testator's mother has been...) 2/7 discloses that the Will was attested by Mr.D.Muthu Narayanan and Mr.S.Gopinath. On perusal, no executor has been named under the Will. The bequest thereunder is in favour...the first petitioner was the wife of Mr.S.G.Prabhakaran and the second petitioner is his son. The petitioners state that the late Mr.S.G.Prabhakaran executed an unregistered Will dated 16.06.2013 in the...

...2000 was renumbered asTestamentary Suit No. 2 of 2002. The probate has been granted after contest.The petitioner in GA No. 3155 of 2006 was the named executor in the Will...Sanjib Banerjee, J.:— The Court : PLA No. 383 of 2000 is related to a Will of one Chiranjilal Jhunjhunwala, deceased. Upon the petition for grant of probate being opposed, PLA No. 383 of...of which probate has been granted by this Court. The petitioner says that under the Will a share in the Calcutta Stock Exchange Association Limited held by the deceased was bequeathed in favour of the...

...the Indian Succession Act, 1925 ('the Act for short) when there is no executor appointed and whether the Court can grant probate of a Will on a petition filed by a beneficiary and also taken note of conjoint reading of Sections 222(2), 231 and 234 of the Act and comes to the conclusion that it is clear that it is not only the executor named in the...deceased testator, as also she has been named as a legatee in the last Will and testament of the testator. On both these grounds when no executor is named, she would be eligible to seek for probate and or letters of administration and hence allowed the appeal invoking Section 276 of the Act in coming to the conclusion that the same is proper and valid and not permitting the legatee to seek for probate of a Will would...as to permit the legatee to be an executor in the event of no executor being named in the will. 6. Having considered the discussions made by this Court in M.F.A.No.4399...

...therein but also by a Notary Public. Since no executor is named in the will the Petitioner, who is the maternal nephew of late S. Gurcharan Singh, and one of the legatees, has filed the present petition...Singh was his maternal uncle. P.W. 1 Mr. Birinder Raj Singh, whose statement is contained in S. No. 2210/87, has deposed that on 8.1.1985 he was in Delhi and was asked to attest the Will by late S..., in respect of the estate of S. Gurcharan Singh, who is stated to have executed his last Will and Testament on 8.1,1985 at Delhi. This Will has been attested not only by the witnesses mentioned...

...estate of deceased person--Properties bequeathed to two grandsons--No executor named in the will--Son of testator administering the es- tates--Part of estate duty liability outstanding--Vesting of...validity made. HEADNOTE: The grandfather of the appellant assessee executed a will in 1956 bequeathing his properties to the assessee and his brother. The testator died in 1957 and since no executor was named in...immovable properties of our joint family. There was no executor named in the will. 3. The above movable and immovable properties...

...office of the Sub Registrar, Jayanagar, BTM Layout, Bengaluru. Petitioner claims that he is the sole beneficiary and universal legatee as there was no executor named in the Will. 4...for approving the Will before the Court. 3 6. Since there are no respondents in the case, citation...permitted the petitioner to examine himself as a witness to prove the Will formally. He has filed an affidavit in lieu of examination-in-chief. In the absence of any contest, there was no cross...

... 17. CAN 4 of 2025, on the other hand, seeks deletion of the name of Surajit Sardar as the propounder of the Will in the probate application. 18. This Court could very well have allowed those applications and permitted the defects to be cured. However, it would be an easier course of action in the event the appellant no. 1, Rajib Sardar, the sole executor named in...envelope forever without returning the same to the party, is set aside. The original Will shall now be returned to the appellant no. 1, Rajib Sardar, who is the sole executor named in the Will, as and when so approached. 21. Moreover, it is hereby deemed to stand incorporated in the impugned judgment and deemed decree that the dismissal of Probate Suit No. 21...2023 on technical grounds shall not preclude the appellant no. 1, Rajib Sardar, the named executor in the Will, to file a fresh probate application for the grant of probate in respect of the last Will...

...that no executor has been named in the will Ex.- 1. On May 15, 1992, Mahendra Kumar moved an application under Order 22 Rule 4 (subsequently amended as 3), C.P.C stating.... Issue No. 3 is whether Satyawati is not entitled to get probate of the will for the reasons mentioned in para No. 4 of the reply filed by non-petitioners No. 2, 3 & 4. One of the grounds of objection is...probate in respect of the will Ex.- 1 dated April 06, 1987 executed by Smt. Champa Devi in her favour. • She impleaded State of Rajasthan and Jugal Kishore, Nawal Kishore and Vimal Kishore, sons of...

....”There was no executor named in the will.2. Balabhai Damodardas died on December 31, 1957. Thereafter, his son, Sakarlal Balabhai, describing himself as the...of Section 159 of the Income Tax Act, 1961, considering that the will had not named any executor and that Sakarlal Balabhai had taken charge of the estate and began administering it voluntarily....9. We are of the opinion that the above contention urged on behalf of the assessee is well founded. There is now no dispute that Sakarlal Balabhai was the executor in respect of the estate left...

...had no caveatable interest. Caveatable interest, therefore, was claimed as an executor and legatee of the will executed by Zoe Enid Browne as also a deed of gift in respect of one item of the estate...”.154. Will takes effect after the death of testator. Rights and obligations of an executor of a will arise only then. No right is created in the executor during the lifetime of the testator. Appointment...between an executor named by the testator in the will and an executor who is appointed on a purported vacancy arising out of death of another executor. In the latter case such an appointment may not...

...) to Section 222 of the Act. 8.10. If the reasoning of the trial Court is accepted, then in all cases where no executor is named in the Will, probate...the Will being the appellant and there being no executant named in the Will, by necessary implication, the beneficiary would be deemed to be appointed as the executor...Section 222(2) whereunder, if the executor, is not named in the Will, the inference that could be drawn is that the legatee would become the executor since without...

...Court is accepted, then in all cases where no executor is named in the Will, probate cannot be granted and such Wills/codicils would be rendered completely ineffective or..., if the executor is not named in the Will, the inference that could be drawn is that the legatee would become the executor since without obtaining a probate, the beneficiary... - 1 - NC: 2023:KHC:35310 MFA No. 5120 of 2023 IN THE HIGH COURT OF KARNATAKA...

...of each other. Statements of both these witnesses have remained unchallenged, inasmuch as, there is no opposition to the grant of probate.9. No executor has been named in the Will by the...mother, that is, the petitioner.3. After service of notice, respondent nos. 2 and 3 have appeared in Court. Respondent no. 2 has not opposed the grant of probate of Will dated 10 May, 2006...today and she has reiterated that she has no objection, in case probate of the Will is granted to the petitioner. It may also be noted that citation was also published in the newspapers “The Statesman...

...petitioner, who was the named sole Executor in the Will dated 29.09.1993. 3. The petitioner No. 2 Anoop Singh and petitioner No. 3 Digvijai Singh were also impleaded being...: "(i) Where no executor has been named in the Will executed by the deceased. (ii) Where though an...petition seeking Probate of the will of the Testatrix in the name of Petitioner No. 1 who admittedly has died on 20.11.2013, during the pendency of the Petition. On demise of the Executor, no Probate proceedings survive as the right is personal to the Executor. However, this would have happened had only Late Amarjit Singh Puri/ Petitioner No. 1 filed the present petitioner as the named sole Executor in which circumstances the proceedings seeking Probate of the Will would...