(IN) Mumbai HC backs animal lover's last gift

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http://timesofindia.indiatimes.com/articleshow/4820688.cms

HC backs animal lover's last gift

Shibu Thomas, TNN 26 July 2009, 12:48am IST

MUMBAI: Sheila Jehangir Malbari alias Sheila Cyrus Talyerkhan cared for animals

in her lifetime. Now, in her death too, her love for the four-legged will be

honoured.

 

Nine years after she died, the Bombay high court recently put its stamp of

approval on Bandra resident Malbari's will to donate a majority of her estate to

the Bai Sakarbai Petit Hospital for Animals and for the welfare of animals.

 

Dismissing an application challenging the validity of the will, Justice S J

Kathawalla said there was nothing suspicious about her will. " Her love for

animals drew her to the hospital to which she was associated for many years,''

said the judge. " Under her will, the hospital for animals is made a major

beneficiary... the hospital as directed by her is required to use the

money/estate bequeathed by her for the cause of animals that she had campaigned

during her lifetime. She has also bequeathed her entire residuary estate

(movable and immovable) to her executors and trustees with clear directions that

the same be used exclusively for the furtherance of the welfare of animals.''

 

The last of her five wills penned in January 1999 stated that her entire estate,

including proceeds from the sale of her flat in Sagar Sangam Society, in Bandra

(W) should go to the hospital. The only other clause was that former Society for

the Prevention of Cruelty to Animals secretary Colonel A R Nageshwar would get

Rs 5 lakh, while her physician of 25 years, Stevely Gonsalves, would get Rs 10

lakh.

 

" As stated by the deceased, she had the good fortune of having some very good

friends who have been of tremendous help to her over the years,'' said the judge

referring to her will bequeathing some money to her friends. But Nageshwar

passed away during the pendency of the petition and Gonsalves had migrated to

New Zealand.

 

The 1999 will was contested by Ravindra Shah, who produced a will dated March

1991 that left Rs 15 lakh to him. Shah also claimed that, in 1999, Malbari was

around 80 years old and mentally unsound. However, with no proof produced to

back his claims, the court held that the 1999 will was genuine.

 

Anuradha Sawhney of the People for Ethical Treatment of Animals (PETA) said the

practice of leaving money for animal welfare was quite common in western

countries and was slowly but surely taking root in India too. " It is a hugely

positive step,'' Sawhney told TOI. " Animal rights groups battle huge odds and

any infusion of funds especially by animal lovers would go a long way in helping

set up support for animals.''

 

shibu.thomas1

 

 

 

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Thank you for your compassion !

With best regards,

Debasis Chakrabarti

http://www.animalcrusaders.org