Law: Succession Act, 1925

Section: 230,263,311

(a) Succession Act (XXXIX of 1925)--- ----Ss. 230 & 263---Renunciation of executorship of a will---Principles---Section 230 of the Succession Act, 1925 catered to a renunciation made by an executor prior to the grant of the probate, while a renunciation made after the grant of the probate could be dealt as a revocation under S.263 of the Succession Act, 1925---Renunciation under S.230 of the Succession Act, 1925 did not take effect automatically on the making of the renunciation, but it was subject to the order of the Court---While invoking S.230 an executor had to, in the very least, make a disclosure of the extent to which he had dealt with the estate and what part of the will remained unexecuted by him, so as to enable the Court to determine as to how the renunciation would affect the execution of the will and to pass orders accordingly. Swami Turiananda v. Radha Kanta Pal PLD 1955 FC 145 ref. (b) Succession Act (XXXIX of 1925)--- ----S. 311---Renunciation of executorship of a will---'Several executors'---Question as to whether an executor acting singly was a competent executor when all others had renounced their executorship---Testator by a 'will' dated 04-06-2009 nominated the petitioners and one other person "A" as executors of the estate that she had held in her own right---By a 'codicil' dated 05-06-2009 the testator nominated the petitioners (only) as executors of the estate that she had inherited from her brother---Out of the five executors appointed by the testator (including the petitioners and person "A"), only one of the petitioners was willing to carry on duties as an executor---From the text of the will and the codicil it appeared that though the testator intended a division of labour, she did not intend any member of the team of executors to be excluded from any part of the assignment---In such circumstances all executors could be treated as several executors for the entire estate of the testator---Consequently, any one of executors acting singly would be competent to act as executor of the will and codicil in terms of S.311 of the Succession Act, 1925---When any executer was allowed to renounce his executorship, the remaining executors, as…

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