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Report No. 110

35.15. Power to be given.-

Having regard to all aspects of the matter, we are of the opinion that it would be in the fitness of things if the court is given a power to exclude an executor who is definitely unfit. Evidence of actual commission of waste or breach of trust by an executor after taking charge as executor, should not be insisted on, in our opinion.

35.16. Recommendation to insert new section 222A.-

In the light of the above discussion, we recommend that the following new section should be inserted on the subject-

"222A. The court may by order exclude from acting as executor, a person who, in the opinion of the court, is definitely unfit to administer the affairs of the deceased, whether or not that person has committed waste or breach of trust after commencing administration of such affairs:

Provided that no such order shall be passed without affording such person a reasonable opportunity of being heard."

35.17. Section 223-Probate to minors and corporations.-

Section 223 prohibits the issue of probate to persons who are minor or of unsound mind and restricts the grant of probate as regards certain classes of corporations. We are primarily concerned with the portion relating to corporations. On a literal reading of the section, probate cannot be granted to any "association" of individuals unless it is a company satisfying the prescribed requirements.

The Indian Succession Act, 1925 Back

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