Whether administrator pendente lite can be appointed even if there is executor of will?

Here in the case it is urged that the petitioners and respondent Nos. 32 and 33, who are beneficiaries and legatees of the deceased and who are also from the family of the deceased, have lost their confidence in respondent Nos. 1 and 35 the Executors, hence the trial Court should have appointed respondent No. 32 as Administrator pendente lite, even if such order would have amounted to removal of the Executor. However, in my considered opinion, it becomes difficult to accept this submission because mere contention that beneficiaries have lost confidence in the Executor is not sufficient for removal of the Executor and for appointment of Administrator pendente lite. There must be some material on record to substantiate such allegation of loss of confidence. It is already held that on the basis of such allegations, the Executor Respondent No. 1, cannot be removed who is enjoying trust and confidence of the deceased as he is appointed in the will itself.

"unless and until at the first instance, Executor is removed by the competent Court under the law under Section 301 of the Act, the question of appointing Administrator pendente lite would not arise. 

IN THE HIGH COURT OF BOMBAY

Writ Petition No. 7222 of 2015

Decided On: 02.02.2018

Subhada Mithilesh and Ors. Vs. Prabhakar Deolankar and Ors.

Hon'ble Judges/Coram:

Dr. Shalini Phansalkar Joshi, J.

Citation: 2018(2) MHLJ 211.
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