Indian MEA has fresh info on Jinnah's house in Mumbai

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MEA has fresh info on Jinnah's house in Mumbai​

MUMBAI: The legal battle between Dina Wadia, Mohammed Ali Jinnah's daughter who stays in the US, and the Indian government over Jinnah House is hotting up.

Springing a surprise to clinch its claim over Jinnah's palatial Malabar Hill bungalow, the ministry of external affairs said it had new information and additional documents from the Centre as well as the state, to contest Wadia's writ petition, claiming her right over the property as Jinnah's sole legal heir. The department filed a fresh affidavit in the Bombay high court two days ago to prove "Jinnah, in fact, bequeathed his bungalow to his sister, Fatima Jinnah" through his will, dated May 30,1939. As Jinnah's sister was an evacuee, the property came to vest in the custodian under the Bombay Evacuee Property Act 1949. "This vesting was continued under the provisions of the with the Union government under the Administration of Evacuee Property Act, 1950, after a notification was issued in 1955, the ministry told the high court, where Wadia's petition claiming her right over the House as Jinnah's sole legal heir is pending.

The newly-acquired documents include a Bombay HC order of 1967 permitting the release of Rs 25,000 to Anjuman-i-Islam school and Rs 50,000 to Bombay University, bequeathed by Jinnah in his will executed by Fatima. The order proves that Jinnah's will did exist, which incidentally, his daughter has been denying ever since she filed the petition in 2007.

The ministry said the documents showed Jinnah House was duly notified as an evacuee property, which came out in the Bombay Government Gazette. Fatima filed nil wealth tax returns because the bungalow was deemed an evacuee property and subsequently, it was vested with the Union government. According to the documents, the "high court not only passed an order granting a succession certificate to Fatima but also passed orders for the payment of Jinnah's legacies and that pursuant to the orders in petition 199 of 1959, the payments were made".

"The solicitors of Ms Jinnah wrote to the custodian of enemy property for the payment of their costs (in connection with Petitions 199 of 1959-for the succession certificate) out of the estate of the deceased (Jinnah). This letter makes specific reference to the payment of probate duty," the affidavit stated. Their documents show that the "annuity payable to Dina Wadia, as per the will, was in fact paid to Nusli Wadia, the holder of her power of attorney," the MEA said.

The MEA submitted a copy of the Bombay Government Gazette (April 16, 1953) where the consolidated list of evacuee properties, notified prior to December 1952, includes Jinnah House. It added that it is pertinent that even Fatima accepted that the House vested with the Indian government and thus on September 10,1966 her solicitors wrote to the Wealth Tax Officer denying any liability.

The ministry added that records reveal that pursuant to the grant of succession certificate by the Bombay HC the various securities were realized by agents of Fatima. Jinnah and credited to the non-resident account in her name opened by her agents at National and Grindlays Bank, Fort Branch, Bombay. " After the commencement of the 1965 war, the monies in the non-resident account became vested in the Custodian of Enemy Property appointed under the Defence of India Act 1962."

To prove that even Dina received money under his will, the MEA annexed a certificate dated April 15, 1976 issued by the Custodian of Enemy Property to the Power of Attorney Holder pertaining to part payment of the bequest. It also annexed an aknowledgement of the receipt of Rs 1,64,333.33.

The final hearing of Wadia's petiton and that of Fatima's grand nephew, who has also intervened by staking an independent claim over the bungalow, will take place later this month in the HC. The MEA said that Wadia cannot thus contend that Jinnah's will is not valid. Besides, she suppressed information that she received annuity payments under the will and thus her petition must be dismissed, the government has said.


MEA has fresh info on Jinnah's house in Mumbai - The Times of India

 

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