Bombay HC Flags Family Property Feuds, Says Prolonged Sibling Disputes Undermine ‘Vasudhaiva Kutumbakam’

Mumbai, Jan 01: Expressing concern over decades-long property battles tearing families apart, the Bombay High Court has cautioned against prolonged litigation between siblings, observing that such disputes serve neither family harmony nor the larger societal interest.

The court highlighted the stark contrast between such disputes and the phrase promoting “Vasudhaiva Kutumbakam”, meaning that the world is one family.

Remarks made while dismissing 2003 appeal

A bench of Justices MS Sonak and Advait Sethna, on December 30, made these remarks while dismissing a 2003 appeal filed by a sister against her brother in a testamentary dispute that had its roots in the late 1980s.

Daughter’s plea for Letter of Administration rejected

In a detailed 67-page judgment, the court dismissed a petition filed by a daughter seeking a 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.

Brothers questioned validity of mother’s Will

The Will was challenged by two other brothers, who were excluded from it but were initially named as executors of the property in their later father’s Will. They raised suspicion over their mother’s Will and claimed it was made under influence and collusion.

Court finds suspicious circumstances

The bench refused to issue a Letter of Administration in respect of the mother’s Will, noting that in its view there do 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,” the High Court said.

‘Vasudhaiva Kutumbakam’ cited to underline irony

While parting with the case, the bench invoked the oft-quoted Indian maxim “Vasudhaiva Kutumbakam” to underline the irony of bitter intra-family property disputes.

“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. This is a tendency that ought to be curtailed in larger societal interest,” the court observed.

Dispute involved Wills of both parents

The judges remarked that this was yet another “family saga” where the children were contesting two Wills of their deceased parents. As per the plea, the parents of the appellant got married in 1933 and had five sons and one daughter.

Father’s Will executed in 1976

In 1976, the appellant’s father died leaving a Will appointing his wife and two sons as executors and trustees of his property. The Will chalked out payment of Rs 10,000 by each son, which was to be used to pay their two brothers and the sister.

Mother’s Will executed in 1987

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

Exclusion of sons questioned

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 it.

Daughter denied allegations of undue influence

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 the existence of any suspicious circumstances.

Also Watch:

HC notes daughter did not oppose father’s Will

The High Court, in its judgment, noted that the daughter never opposed the grant of probate of her father’s Will.

To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/