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2018 (5) TMI 2174 - BOMBAY HIGH COURTReinstatement of Behram Ardeshir (Ardeshir) as an executor after his renunciation - reversion to a prior state of affairs where Ardeshir had renounced executorship and Sardal continued alone - HELD THAT:- Simply on the ground of physical and mental incapacity Sardal must be removed at once. His acts as an executor are being directed entirely by his son and this is plainly apparent from what has transpired in Court - Vasant Narayan Sardal is removed as an executor but in consideration of his age and health, I will, for the foregoing observations notwithstanding, direct that this removal has to be read on account of his infirmity and advanced years and his demonstrable incapacity to discharge the duties required of an executor appointed under a Will. Notice of Motion will have to be allowed. Those Consent Terms were, on the face of it, not such as could have been taken in a Testamentary Suit pending probate. They were directly contrary to the terms of the Will. Very often even probate proceedings are compromised but where in that compromise probate is accepted what then follows is a family arrangement not inconsistent with the grant or with the title that has passed through grant. In the present case, there was no possibility of any such family arrangement or compromise following on the grant of probate because that probate completely excluded the surviving members of the family. Notice of motion allowed.
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