https://www.taxtmi.com/caselaws?id=313730 A petition seeking removal or suspension of a joint executor was maintainable despite the will remaining unprobated, because Section 213 of the Indian Succession Act bars only attempts to enforce rights under the will and does not prevent reliance on an unprobated will for collateral purposes. However, removal of a named executor requires clear proof that continued office would prejudice the estate or defeat the testator's intention. On the facts, allegations of misappropriation of movables and jewels were not proved, and the complaints about funeral arrangements and incomplete implementation of the will did not establish sufficient misconduct. The application for removal therefore failed, and the executor remained in office. en-us Fri, 03 Feb 1995 00:00:00 +0530 Tue, 30 Apr 2024 18:55:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313730 A petition seeking removal or suspension of a joint executor was maintainable despite the will remaining unprobated, because Section 213 of the Indian Succession Act bars only attempts to enforce rights under the will and does not prevent reliance on an unprobated will for collateral purposes. However, removal of a named executor requires clear proof that continued office would prejudice the estate or defeat the testator's intention. On the facts, allegations of misappropriation of movables and jewels were not proved, and the complaints about funeral arrangements and incomplete implementation of the will did not establish sufficient misconduct. The application for removal therefore failed, and the executor remained in office. Case-Laws Indian Laws Fri, 03 Feb 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313730