SATINDER SINGH Vs. BHUPINDER KAUR

JUDGEMENT

(1.) THE short question involved in this application is as to whether legal heirs of an executor named in the will can be substituted as respondents to be made liable for loss occasioned on account of neglegence of the executor in the management of the properties.

(2.) GURDIAL Kaur deceased left benind a Will naming four persons as executors, namely, Umrao Singh, Pritam Kaur, Bhu-pinder Kaur and Brig. Jasbir Singh. Likewise Pritam Kaur aforesaid left behind a Will naming four persons as executors, namely, Umrao Singh, Gurdial Kaur aforesaid Bhu-pinder Kaur and Brig. Jasbir Singh. Both Gurdial Kaur and Pritam Kaur were wives of Umrao Singh. The beneficiaries Satinder Singh and others filed a petition u/s. 368 of the Succession Act for taking action against the executors for causing loss to the estate of the two deceased aforesaid. A direction was required to be given to the executors to make good the loss. At that time only two executors were supposed to manage the properties; namely, Bhupiner Kaur and Brig. Jasbir Singh. It was during the pendency of the aforesaid petition that Bhupinder Kaur died. On an application filed Ravinder Kaur, her daughter was impleaded as a party in place of Bhupinder Kaur. This order was passed on May 18, 1989. After she was served, Ravinder Kaur filed objections which are being disposed of. The objections are that she should not be impleaded as a party as legal heirs on the death or Bhupinder Kaur as she could not act as executor either to meet the loss occurred or to minimise it. The personal liability of Bhipinder Kaur, if any, extinguished with her death. These objections are opposed by the beneficiaries. I have heard learned counsel for the parties.

(3.) ON behalf of the objector reliance has been placed on Ss. 226 and 258 of the Succession Act, which are reproduced below:-