Case Note & Summary
The applicant, Gautam Gordhandas Mehta, filed an Interim Application (L) No. 12635 of 2025 in Testamentary Petition No. 980 of 2013 before the High Court of Judicature at Bombay. The applicant is the sole surviving executor and beneficiary of the estate of Gordhandas Girdhalal Mehta, who died on 11 January 1999 leaving a Will dated 2 October 1984. The Will appointed the deceased's wife Vimlaben, his son (the applicant), and a chartered accountant as executors. The wife predeceased the testator, and the chartered accountant renounced executorship, leaving the applicant as the sole executor. Due to his advanced age of 75 years and ill-health, the applicant sought appointment of a new executor under Section 301 of the Indian Succession Act, 1925. The court, presided over by Justice Kamal Khata, allowed the application, appointing the proposed executor to administer the estate. The court held that Section 301 empowers it to appoint a new executor when the existing executor is unable or unwilling to act, ensuring efficient administration of the estate.
Headnote
A) Succession Law - Appointment of Executor - Section 301 of Indian Succession Act, 1925 - Substitution of Executor - Applicant, being sole beneficiary and executor, sought appointment of a new executor due to advanced age and ill-health - Court allowed the application, appointing the proposed executor to administer the estate - Held that Section 301 empowers the Court to appoint a new executor when the existing executor is unable or unwilling to act (Paras 1-3).
Issue of Consideration
Whether the Court can appoint a new executor under Section 301 of the Indian Succession Act, 1925 when the sole surviving executor is unable to discharge his duties due to advanced age and ill-health.
Final Decision
The Court allowed the application and appointed a new executor to administer the estate of the deceased.
Law Points
- Section 301 of Indian Succession Act
- 1925
- Appointment of new executor
- Substitution of executor
- Testamentary jurisdiction
- Administration of estate
Case Details
2025 LawText (BOM) (10) 217
Interim Application (L) No. 12635 of 2025 in Testamentary Petition No. 980 of 2013
Ms. Hrushi Narvekar a/w. Adv. Aparna Wagle for the Applicant.
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Nature of Litigation
Testamentary - Application for appointment of new executor under Section 301 of the Indian Succession Act, 1925.
Remedy Sought
The applicant, being the sole surviving executor and beneficiary, sought appointment of a new executor to administer the estate due to his advanced age and ill-health.
Filing Reason
The applicant, aged 75 years, is unable to discharge his duties as executor due to advanced age and ill-health.
Issues
Whether the Court can appoint a new executor under Section 301 of the Indian Succession Act, 1925 when the sole surviving executor is unable to discharge his duties due to advanced age and ill-health.
Submissions/Arguments
The applicant submitted that he is the sole surviving executor and beneficiary of the estate, and due to his advanced age and ill-health, he is unable to carry out the duties of executor, including transfer and administration of assets. He sought appointment of a new executor.
Ratio Decidendi
Section 301 of the Indian Succession Act, 1925 empowers the Court to appoint a new executor when the existing executor is unable or unwilling to act, ensuring efficient administration of the estate.
Judgment Excerpts
By this Application filed under Section 301 of the Indian Succession Act, 1925 (‘ISA’), the Applicant – who is both the sole beneficiary and the Executor to the deceased estate – seeks appointment of a new Executor on account of his advanced age, ill-health and consequent inability to discharge his duties relating to transfer and administration of the estate’s assets.
Procedural History
The applicant filed Interim Application (L) No. 12635 of 2025 in Testamentary Petition No. 980 of 2013 before the High Court of Judicature at Bombay. The application was reserved on 1st October 2025 and pronounced on 15th October 2025.
Acts & Sections
- Indian Succession Act, 1925: Section 301
