Executor becomes trustee after completing duties; removal must be sought under trust law, not Section 301.

An application under Section 301 of the Indian Succession Act, 1925 is not maintainable to remove a person who, after completing the ordinary duties of administration under a will, continues to hold the property only as a trustee. Where the will imposes continuing obligations to manage the estate, pay allowances, maintain the property and deal with the residue as directed by the testator, the office of executor ends once the executor's ordinary duties are complete. The person thereafter is a trustee in law, and any remedy for removal must be pursued under trust law rather than Section 301.

---

---

Issues: Whether an application under Section 301 of the Indian Succession Act, 1925 lies for removal of a person who, after completing the ordinary duties of administration under a will, holds the property only as a trustee and not as an executor.

Analysis: The will, though describing the respondent as executor, in substance created continuing obligations to manage the property, pay allowances, maintain the estate, and deal with the residue in the manner directed by the testator. Once the ordinary duties of an executor are completed, the office of executor comes to an end. If the person thereafter holds the property for beneficiaries under the terms of the will, he is a trustee in law and not an executor. The remedy for removal of such a person lies under the law relating to trusts and not under Section 301 of the Indian Succession Act, 1925.

Conclusion: The application under Section 301 of the Indian Succession Act, 1925 was not maintainable and could not be used to remove the respondent.

---