Disputes in families show stark difference in society that champions 'Vasudhaiva Kutumbakam': HC

Mumbai, Jan 1 (PTI) The Bombay High Court lamented the irony of a society that champions "Vasudhaiva Kutumbakam" (world is one family) to the globe while its own households fracture over inheritance.

Terming endless property feuds as "classic examples" of the disconnect between ancient values and modern reality, the court expressed "solemn and optimistic hope" that bitter and protracted family litigation will be curtailed in the larger interest of society.

A bench of Justices M S Sonak and Advait Sethna, in its judgment passed earlier this week, dismissed a petition filed by a daughter seeking Letter of Administration issued with regard to her late mother's Will which bequeathed property owned by the family in suburban Bandra to her and two of her brothers.

Two other brothers', who were excluded from the Will but were initially named as executors of the property in their later father's Will, had raised suspicion over their mother's Will and claimed it was made under influence and collusion.

The court while refusing to issue Letter of Administration qua the mother's Will noted that in its view there does exist suspicious and doubtful circumstances surrounding it.

"The appellant (daughter), despite being the propounder of the Will, has not satisfied the conscience of this Court in dispelling the same, despite there being a legal obligation to do so," HC said.

While dismissing the daughter's plea, HC noted that in contemporary times, we often hear the famous phrase "Vasudhaiva Kutumbakam," meaning that the world is one family.

"However, cases such as the present one are classic examples of stark differences: disputes within families over property that show no end in sight and ultimately result in delayed litigation," it said.

"This is a tendency that ought to be curtailed in larger societal interest. We conclude with this solemn and optimistic hope," HC said.

The court noted that this was yet another "family saga" where the children were contesting two Wills of their deceased parents.

While the father issued a Will bequeathing his property to his wife and two of their sons, the wife in her Will excluded the names of the two sons and named two other sons as the owners of the property.

As per the plea, the parents of the appellant got married in 1933 and had six children (five sons and one daughter).

In 1976, the appellant's father died leaving a Will appointing his wife and his two sons as executors and trustees of his property.

In 1987, the mother died leaving behind a Will bequeathing the property to her daughter and two other sons.

The two sons who were initially named as trustees in their father's Will claimed that their mother's will was cryptic and contained no explanation as to why they were excluded from the Will.

The daughter in her plea seeking execution of her mother's Will said it was issued in the absence of any fraud, collusion or undue influence and, hence, there was no question of existence of any suspicious circumstances.

The high court in its judgment noted that the daughter never opposed the grant of probate of her father's Will. PTI SP SKL BNM