Rights of heirs of Executor of Will & also legatee / beneficiary
Judgment dated 26.6.2023 of the High Court of Bombay - Rights of heirs of Executor of Will & also legatee / beneficiary under the Will, after his death, in the pending Appeal in the High Court.
After the death of Ms. Ranjana Doshi at Pune in 2014, her brother and sisters filed Civil Misc.Application for Letter of Administration.
Kunjumon Panicker filed another Application for grant of probate in respect of Will of Ranjana executed on 4.1.2013. He was also legatee / beneficiary under the said Will. Both the Applications were converted in special civil suits.
Suit of Executor for probate was dismissed, whereas, the suit for Letter of Administration was allowed vide judgment dated 20.9.2021.
Executor Kunjumon filed first Appeal in the High Court.
On 13.2.2023, Kunjumon died. His legal heirs applied for substitution of their names in the appeal and also converting the probate proceedings into Letter of Administration.
HELD, while allowing the applications of legal heirs, it was held that the heirs of executor have right in the property as heirs of legatee / beneficiary, nature of inquiry in both the proceedings was same, the heirs will be left remediless if their applications are rejected and it is appropriate that both the parties establish their rights in the same Appeal as also to avoid conflicting decrees.
First Appeal No.658 of 2021 with I.A.Nos.3643 and 3645 of 2023
Kunjumon Shivarajan Panicker and others and Chandravadan Pranlal Doshi and others.
