41 years after teacher died, HC lets kin sell her properties
After hearing the petition, justice Gautam Patel held, “With repair costs and taxes, today these costs leave a negative balance. To permit the Matunga property’s sale is necessary.”Updated: May 21, 2019 04:45 IST
The Bombay high court (HC) permitted the sale of properties of a deceased teacher by her nephew, grand nephew’s wife and daughter, provided the money is used to fund a dog shelter as mentioned in her will.
In 1978, Lilavatiben Vasani, then 83, drew a will in which she asked for incomes generated through her properties — a Matunga building and a Valsad plot — be used for different purposes. As per the will, while the annual income of ₹11,000 from the Matunga property is to be used for the building’s maintenance, the Valsad property was to be used as a dog shelter and to prepare meals for strays. The shelter’s expenses were to be paid from the income of the Matunga building. The will stated that the properties could not be sold in the executors’ lifetime.
However, in light of the escalating maintenance costs and income from the Matunga property being a pittance, the executors sought directions to sell the properties. The HC held the will’s execution, with the passage of time, was not possible and allowed the executors to sell Vasani’s properties if they gave the undertaking to continue doing the acts for which the income from the property was to be used.
After hearing the petition, justice Gautam Patel held, “With repair costs and taxes, today these costs leave a negative balance. To permit the Matunga property’s sale is necessary.”
He further allowed the Valsad plot’s sale on the ground that the executors ensure achievement of the property’s purpose (building a dog shelter).