Skip to content


Kavasji Sorabji Aibada Vs. Bai Dinbai - Court Judgment

LegalCrystal Citation
CourtMumbai
Decided On
Judge
Reported inAIR1916Bom315(1); (1916)ILR40Bom666; 36Ind.Cas.373
AppellantKavasji Sorabji Aibada
RespondentBai Dinbai
Excerpt:
will - probate--executor, whether can be compelled to take out probate--letters of administration, whether to issue on failure of executor to take out probate. - - 1. an executor called upon by citation to accept or renounce is clearly compellable, if he accepts, to take out probata within a limited time. if that be so, he would clearly have no locus standi in any such proceedings as these......point against the applicant and decided it wrongly.2. there is a further question of fact to be answered. the opponent denies that the applicant is a beneficiary under the will or has any interest whatever in the estate of the deceased. if that be so, he would clearly have no locus standi in any such proceedings as these. but that question must be dealt with by the learned judge below.3. we set aside his order and remand the application to be disposed of in accordance with the foregoing observations.4. costs to abide the result.
Judgment:

1. An executor called upon by citation to accept or renounce is clearly compellable, if he accepts, to take out Probata within a limited time. If he does not do so, Letters of Administration with a copy of the Will annexed may be granted to any competent applicant. This is the principle of the decision in the cases of Motibhai v. Karsandas Narayandas 19 B. 123 and Bayabai Tapidas v. Damodar Tapidas 20 B. 227. The lower Court has decided this as a preliminary point against the applicant and decided it wrongly.

2. There is a further question of fact to be answered. The opponent denies that the applicant is a beneficiary under the Will or has any interest whatever in the estate of the deceased. If that be so, he would clearly have no locus standi in any such proceedings as these. But that question must be dealt with by the learned Judge below.

3. We set aside his order and remand the application to be disposed of in accordance with the foregoing observations.

4. Costs to abide the result.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //