executor of a will
C.PRABHAKAR
(Querist) 04 July 2008
This query is : Resolved
if executor ,named in a will, dies before the will becomes operative, does the sopuse gets the right as an excutor of the will automatically when the will becomes operative. (No II executer's name is mentioned in the will)
KamalNayanSaxena
(Expert) 04 July 2008
It can, never be said that the executors acquire any beneficial interest under the Will, when the Will required them to take over the possession of the properties covered under it, as if they were the owners thereof. It is only the legal estate that vests in the executor and the vesting is not of any personal benefit. The words "as such" used in S. 211 of Succession Act, 1925 clearly indicate that the executor is not the absolute owner of the property that vests in him, in the sense of being beneficial owner thereof and that the property vests in him only for the purpose of its administration under the Will. There is a presumption in law that a legacy to a person appointed as executor is given to him in that character and is attached to the office and if he claims it otherwise than as attached to his office, it would be incumbent on him to show something in the nature of the legacy or other circumstances arising under the Will to rebut that presumption.
If there is something which would go to show that any of the properties covered under the Will is intended by the testator to be given beneficially to executor No. 1, his LR's may claim it through court.
The name of second executor is mentioned in the 'will', and he shall manage the property under the will.
arunprakaash.m.
(Expert) 07 July 2008
Nobody becomes automatically executor under the Testamentory succession. You have apply to the Dist judge praying for the appointment of executor or apply for letters of administation.
