Where a Will is propounded and an application for removal of an executor is made under Section 301, that application can only be made by a beneficiary or legatee who accepts the Will. It cannot be made by a person who seeks to dislodge the Will or contests the application for probate or Letters of Administration with Will Annexed. The application for removal posits the acceptance of a Will.
IN THE HIGH COURT OF BOMBAY
Miscellaneous Petition No. 38 of 2011 in Testamentary Suit No. 9 of 2007 in Testamentary Petition No. 223 of 2006
Decided On: 14.12.2016
Radhika Bhargava Vs. Arjun Sahgal and Ors.
Hon'ble Judges/Coram:
G.S. Patel, J.
Citation: 2017 (1) ALLMR 652
