S.VENKATARAMAN
F. C. S. AMALNATHAN – Appellant
Versus
J. S. VICTOR BASCO – Respondent
( 1 ) THIS petition is filed by two petitioners; under Section 301 of the Indian Succession Act (hereinafter referred to as 'the Act') for removing or suspending the respondent from the joint executorship of the will dated 12-10-1983 left by one Flora Swamidoss and to place the estate in the hands of the petitioners.
( 2 ) THE petitioners case putforth in the petition in brief is as hereunder: Miss. Flora Swamidoss has executed a will dated 12-10-1983 in respect of her assets and has appointed the petitioners and the respondent as the executors of her will. After the death of the testatrix the respondent took possession of all the moveables including gold jewels and silver and stainless steel articles, clothes, etc, without reference to the petitioners, put them in one room and locked that room and has thereby deprived access to the petitioner. The respondent and his wife took away gold jewels from one of the beneficiaries forcibly and are misusing them. The respondent has been himself managing the property of the deceased and is acting contrary to the wishes of the deceased. The respondent gave a very cheap funeral to the deceased and placed the body in corporat
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