https://www.taxtmi.com/caselaws?id=313769 The Bombay HC removed an executor due to physical and mental incapacity, finding his acts were entirely directed by his son. The court noted the executor's demonstrable inability to discharge testamentary duties due to infirmity and advanced years. The court also addressed improper consent terms in testamentary proceedings that were contrary to the will's provisions, distinguishing this from typical probate compromises where family arrangements follow probate grants. The notice of motion was allowed, with the removal based on incapacity rather than misconduct. en-us Thu, 03 May 2018 00:00:00 +0530 Wed, 01 May 2024 19:54:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313769 The Bombay HC removed an executor due to physical and mental incapacity, finding his acts were entirely directed by his son. The court noted the executor's demonstrable inability to discharge testamentary duties due to infirmity and advanced years. The court also addressed improper consent terms in testamentary proceedings that were contrary to the will's provisions, distinguishing this from typical probate compromises where family arrangements follow probate grants. The notice of motion was allowed, with the removal based on incapacity rather than misconduct. Case-Laws Indian Laws Thu, 03 May 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313769