LAWS(P&H)-2009-10-5

TARA CHAND SHARMA Vs. UMA AGGARWAL

Decided On October 14, 2009
TARA CHAND SHARMA Appellant
V/S
UMA AGGARWAL Respondents

JUDGEMENT

(1.) Seth Bhagirath Dass was a well known Senior Advocate practicing in this Court. He died on 25.4.1989. He was survived by his wife and sisters but had no issue. He executed Will and Codicil dated 21.1.1985 and 29.12.1989 bequeathing most of his property to a trust formed by him in his lifetime in the name of his mother. Main objects of the trust are meeting educational and health needs of the needy. He named Yadvinder Thakur, who was one of the trustees, as the Executive Trustee. Pror bate in respect of the Will was ordered to be granted in favour of Shri Thakur. However, application was filed by sister of the deceased under Section 301 of the Indian Succession Act, 1925 for removal of the Executor. The said application, after trial, has been granted with other consequential orders, which are sought to be assailed by the removed executor and trustees by Filing LPA Nos.112, 132 and 134 of 2006 which will stand disposed of by this order. Operative part of the impugned order is as under:

(2.) Immovable properties described in the Will are as under:-

(3.) Other relevant contents of the Will are: