Ahmedabad: Forty-six years, the Gujarat High Court has upheld the validity of the will of a man who stood anything to his son because of the remaining ‘Ghar Jamai’ and did not take care of him.
The man left his treasure to his grandson.
The case involves Diwala Gausa Chaudhary who prepared the will in 1975.
He died some time later.
He gave two small fields of land to his grandson Sonaji Raghala.
He ignored his son Akha Diwala, said that since his marriage in 1950 Akha chose to stay with his in-laws and did not take care of him.
Chaudhary chose his grandson because he lived with Chaudhary since childhood.
Akha filed a lawsuit in court at Mandvi questioned the validity of will.
Akha argues that his father is not in a healthy mind condition when the will is executed.
He asked his part of the property claiming that his father had died.
The Mandvi Court rejected his request.
Akha approached the appeals court in the letter, who received his case by holding that Chaudhary was not in the right state of mind and property was bought with family money.
The Appellate court in 1981 ordered the district collector to partition the land and allow Akha to have 50% of its shares.
The grandchild approached HC against the property partition command.
After being deceased 29 years, the High Court finally concluded, on July 2, Chaudhary had run will in a healthy mind condition.
The will is valid because the property acquired itself and Akha cannot have its share in it, the court said.
HC also referred to the content of the will where Chaudhary said that his grandson took care of him because Akha left him to live with his father-in-law.
“Since the Plaintiff (Akha) has not defended his father who died at Gausa, it is natural for people who die to exclude their own sons from getting the inside of the property themselves,” the court order reading.
“…
And there is nothing wrong with the entire property to his grandson who has retained the deceased.”
Gujarat: Man cut the son of ‘Ghar Jama’, HC upholds will
