Only heir can’t claim right over mother’s property: High Court

As per the will,Hedukar wanted to bequeath her flat to her brother who took care of her while she was suffering from cancer.

Pawaskar told the court that as her mother was suffering from cancer “she was not in a position to make up her mind”. “Even if it is accepted that the testatrix (Hedukar) was suffering from cancer,there is no evidence to suggest that it affected her ability to dispose of her property by will,” Justice RY Ganoo observed.

“I was the sole heir and next of kin of my late mother and I am alone entitled to her property and I do not know how it could be given to someone else,” Pawaskar said in an affidavit. Observing that except for the flat,everything else owned by Hedukar,including Rs 1.5 lakh that she had received from Natekar,had been given to Pawaskar,the court said,“It is true that the defendant (Pawaskar) is the only heir and legal representative of the testatrix. However,that does not mean that the testatrix should have given all her estate and assets to the defendant.”

The court noted that the will was executed by an advocate and the attesting witness had stated that it was explained to Hedukar in Marathi prior to taking her thumb impression.