'Property disputes reveal gap between Vasudhaiva Kutumbakam ideal and reality'

The Bombay High Court HC on Thursday flagged the irony of a society that projects the ideal of lsquoVasudhaiva Kutumbakam the world is one familyrsquo to the world while families at home remain embroiled in bitter inheritance disputes news agency PTI reportedObserving that protracted property feuds are ldquoclassic examplesrdquo of the disconnect between ancient values and contemporary realities the court expressed a ldquosolemn and optimistic hoperdquo that such family litigation would be curtailed in the larger interest of societyA bench of Justice MS Sonak and Justice Advait Sethna made the remarks while dismissing a petition filed by a daughter seeking a letter of administration in respect of her late motherrsquos Will which bequeathed a family property in suburban Bandra to her and two of her brothers PTI reportedTwo other brothers who were excluded from the motherrsquos Will but had earlier been named as executors in their fatherrsquos Will raised doubts over the genuineness of the motherrsquos Will alleging that it was executed under undue influence and collusionRefusing to issue the letter of administration the court said it found suspicious and doubtful circumstances surrounding the motherrsquos WillldquoThe 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 sordquo the HC saidWhile dismissing the plea the bench noted that although the phrase lsquoVasudhaiva Kutumbakamrsquo is frequently invoked in contemporary times cases such as the present one highlight stark contradictionsmdashfamily disputes over property that show no end in sight and culminate in prolonged litigation PTI reportedldquoThis is a tendency that ought to be curtailed in the larger societal interest We conclude with this solemn and optimistic hoperdquo it saidFamily dispute over dual wills at heart of inheritance battle in Bombay HCThe court described the matter as yet another ldquofamily sagardquo involving disputes over two Wills executed by deceased parentsAccording to the record the appellantrsquos parents who married in 1933 had six childrenmdashfive sons and a daughterThe father died in 1976 leaving behind a Will appointing his wife and two sons as executors and trustees of the property The mother died in 1987 leaving a Will that bequeathed the property to the daughter and two other sons excluding the remaining twoThose excluded sons contended that the motherrsquos Will was cryptic and did not explain their exclusion The daughter however maintained that the Will was executed without fraud collusion or undue influence and that there were no suspicious circumstancesIn its judgment the high court also noted that the daughter had never opposed the grant of probate in respect of her fatherrsquos WillWith PTI inputs