Supreme Court · 2010 INSC 295 · Decided 7 May 2010
Samir Chandra Das v. Bibhas Chandra Das & ORS.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 295 · [2010] 6 S.C.R. 528
- Case number
- CIVIL APPEAL No. 4345/2010
- Decided
- 7 May 2010
- Bench
- V.S. SIRPURKAR, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Succession Act Section 230, 222, 223
Headnote
Succession Act, 1925 - s. 230 - Renunciation of C executorship - Form and effect of - Held: s. 230 lays down as to how executor renounces his character as an executor - It should not be given purposive interpretation - There cannot be a deemed renunciation - Language of Section is clear and cannot has to be a scrupulous o adherence to the section before executor is refused probate u/s. 230 - On facts, properly sold was to go under the Will to daughters and wife of testator, with rights to wife to sell the property for welfare of unmarried daughters - Executor of Will putting his signatures
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