Case Note & Summary
The appellant, Ms. Neeru Batra, was appointed as the executrix of the Will of the deceased. She filed a petition for probate, which was granted. Subsequently, the respondent No.1, Jaswinder Paul Batra, filed a chamber summons seeking her removal on the ground that she had failed to file accounts of the estate for several years. The learned Single Judge allowed the chamber summons and discharged the appellant as executrix. The appellant appealed against this order. The Division Bench of the Bombay High Court, consisting of Justice A.S. Oka and Justice M.S. Sonak, heard the appeal. The court noted that the only ground for removal was the delay in filing accounts. The court observed that there was no allegation of any misappropriation, loss, or prejudice caused to the estate due to the delay. The court held that the power to remove an executor under Section 301 of the Indian Succession Act, 1925, is discretionary and must be exercised judiciously. Mere delay in filing accounts, without any consequential loss or prejudice, is not sufficient to warrant removal. The court set aside the order of the Single Judge and restored the appellant as executrix, but directed her to file accounts within a specified period. The court also imposed costs on the appellant for the delay, to be paid to the respondent No.1.
Headnote
A) Succession Law - Removal of Executor - Section 301 Indian Succession Act, 1925 - Discharge of Executrix - The court considered whether delay in filing accounts alone is sufficient to remove an executrix. Held that mere delay, without any finding of loss or prejudice to the estate, does not warrant removal. The court must exercise discretion judiciously and consider the overall circumstances, including the conduct of the executor and the interests of the beneficiaries. (Paras 1-10) B) Succession Law - Executor's Duty to File Accounts - Section 317 Indian Succession Act, 1925 - Delay in Filing - The court examined the duty of an executor to file accounts and the consequences of delay. Held that while prompt filing is expected, delay per se is not a ground for removal unless it causes or is likely to cause prejudice to the estate or beneficiaries. The court may impose costs or other directions instead of removal. (Paras 5-8)
Issue of Consideration
Whether the learned Single Judge was justified in discharging the appellant as executrix of the Will of the deceased solely on the ground of delay in filing accounts, without considering the absence of any loss or prejudice to the estate.
Final Decision
The appeal is allowed. The order of the learned Single Judge dated 10th September 2018 discharging the appellant as executrix is set aside. The appellant is restored as executrix. The appellant is directed to file accounts within a period of three months from today. The appellant shall pay costs of Rs. 25,000 to respondent No.1 within four weeks.
Law Points
- Removal of executor
- Section 301 Indian Succession Act
- 1925
- Discharge of executrix
- Delay in filing accounts
- Prejudice to estate
- Discretion of court
