P and Q are co-executors of R's will and both have proved it. R held a lease of a godown. Without…
Under section 311 any one of several executors who has proved the will may exercise the powers of all, unless the will directs otherwise. Illustration (ii) to section 311…
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P and Q are co-executors of R's will and both have proved it. R held a lease of a godown. Without consulting Q, P surrenders the lease to the landlord. The will contains no direction on joint action. Under the Indian Succession Act, 1925, the surrender is:
Answer and explanation
Correct answer B
Under section 311 any one of several executors who has proved the will may exercise the powers of all, unless the will directs otherwise. Illustration (ii) to section 311 says plainly that "one has power to surrender a lease". Neither the consent of the co-executor nor the Court's leave is needed, and the immovable nature of the lease makes no difference.