April 20, 2021 5:07:23 am
The Bombay High Court recently directed the mother and brother of late music director Wajid Khan of the Sajid-Wajid duo fame to submit details of his investments and assets along with the audited accounts of the same.
Kamalrukh Wajid Khan had approached the court seeking that a will made by her husband in 2012 be probated (certified and executed by a court), where he had allegedly bequeathed most of his assets to her, their children and his mother. Kamalrukh claimed that after his death due to Covid-19 last June, Wajid’s brother Sajid had been trying to transfer all property in his and his mother’s name.
A single-judge bench of Justice Gautam S Patel was hearing an interim application filed by Kamalrukh through advocate Zubin Behramkamdin, seeking interim reliefs till probate of the will is granted. The plea also sought that Wajid’s mother and brother be restrained from alienating or creating third party rights in the property.
Kamalrukh submitted that Wajid had amassed immovable and movable assets and also had 50 per cent share in Sajid-Wajid Limited Liability Partnership, a banner under which the duo produced songs.
Kamalrukh, a Parsi by birth, claimed that after her marriage to Wajid in 2003 under the Special Marriage Act, his family did not accept her and their children and due to constant pressure because of religious differences, she, along with Wajid and the children, started staying separately.
This led to further disputes within the family and in 2014, Wajid, to pacify his mother, filed for divorce, Kamalrukh said. She added that the 2012 will was not probated and a case awaiting its adjudication in HC is still pending. The plea further said that the couple signed consent terms in 2017, through which Wajid gave an undertaking to provide maintenance to her and their children and also agreed to gift certain immovable properties to them. The property, among others, included a flat, office space, luxury vehicle and seven paintings worth Rs 8 crore.
However, the divorce proceedings were dismissed in January, 2021 following Wajid’s death.
Kamalrukh said that after Wajid’s death, she expected his family to distribute all assets equally. However, bank account managers were instructed to ignore Kamalrukh’s calls and not share any details, the plea said.
She added that Sajid and his mother claimed that Wajid had executed Hibanama (gift deed) last May in which he allegedly “desired to give nothing to his children and applicant Kamalrukh”.
Moreover, they applied for “letters of administration” of Wajid’s estate, based on the Hibanama, without informing Kamalrukh, following which she moved HC.
Advocate B G Saraf, appearing for Sajid and his mother, said they will not create any third party rights in Wajid’s property and alienate the interests of Kamalrukh and the children till the next hearing.
Seeking an affidavit by respondents before the next hearing on April 21, Justice Patel said, “The reply is to disclose the entire estate of the deceased the late Wajid S Khan along with the necessary tax returns and their accompanied computation of income or sale. Also required will be the returns of the Limited Liability Company in which the deceased had an interest. All other similar commercial entities in which the deceased had any interest or share (apart from regular investments) are also to be disclosed with their complete financials.”
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