The High Court of Bombay asked Mashal Khan, a Pakistani national, as to how he could be appointed as the guardian of his aunt Zarin Ghani Walsh, a Canadian citizen & resident of Pedder Road. Khan submitted that he filed the plea to take his aunt back with him to Pakistan due to her frail health & urged the Court to decide on this as he & his family are the only surviving heirs of Walsh.
He also added that his other request for appointing him as executor of her properties in India could wait. The Court has directed Khan to file an additional affidavit listing Walsh’s properties as well as the remedies available to him under the Disabilities Act, 2016 within ten days & posted the matter for hearing on Sept 21.
The division bench of Justices KK Tated & Milind Jadhav, while hearing the plea filed by Khan, a resident of Charsadda, Khyber Pakhtunkhwa (North West Frontier Province) in Pakistan, was informed that Walsh, 76, was ailing & living alone in Mumbai. Advocate Mayur Khandeparkar, representing Khan, along with advocate Vaishali Dholakia said as Khan & his brothers & their family in Pakistan were the only surviving relatives of Walsh, they wished to take her to Pakistan so that she may spend her remaining time with them.
On a query as to how a Pakistan national could approach an Indian court, Khandeparkar said that he was doing so under Article 21 which the Court accepted. The Court then said that while it could allow Khan to take Walsh back to Pakistan, his second plea for appointing him as the executor of her estate & bank accounts could not be granted. To this, Khandeparkar cited an order by a previous bench of the High Court which allowed a foreigner to be appointed as a guardian.
However, the Union of India & the state opposed the same & said that as per the National Trusts Act, Khan could not be appointed as executor of Walsh’s property & bank accounts.
Khandeparkar said Khan’s main concern was uniting his aunt with the family back in Pakistan & the issue of her property & bank accounts could be dealt with at a later stage.
After hearing the submissions, the Court ordered Khan to file an affidavit listing the movable & immovable properties of Walsh in India as well as justify the 2013 will of Walsh which named him as executor & heir as it was not approved by any competent court. The Court also directed Khan to study the Disabilities Act & directed the Union of India to file an affidavit & rejoinder to the plea & Khan’s affidavit in light of the relevant laws. The matter has been posted for hearing on Sept 21.
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