Suit by or against trustees, executors and administrators

By | May 17, 2017
10 Things you must do in your Law School
Order XXXI – Suit by or against trustees, executors and administrators
  1. Where there is a suit between persons beneficially interested in property and third parties, the persons beneficially interested need not be made parties to the suit. (Rule 1)
  2. They may be represented by their trustees, executors or beneficiaries.
  3. The court may however order that the beneficiaries be made parties to the suit.
  4. Where there are several such executors or administrators or trustees, they shall all be made parties to a suit whether the suit is against all or any of them. (Rule 2)
  5. There are a few exceptions to this rule though. Where a trustee, executor or administrator has not proved the will of the testator or where he does not reside in India, he need not be made a party to the suit.
  6. Where the executor or administrator or trustee is a female and is married, her husband shall not be made a party to the suit unless the court allows.

Submitted By

Ankit

(Editor @ Legal Bites)

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