JAMMU: The First Additional Munsiff, Jammu Shabnam Sheikh in a civil suit challenging the Will dated July 7, 2017 allegedly executed by former Advocate General J&K and Ex Member Parliament and a Senior National Conference Leader Chowdary Shabir Ahmed Salaria has kept in abeyance the operation of the Will till the objections are filed and considered by the court.
While staying the operation of the alleged Will the court observed that this order is however subject to the objections by the other side. The court also issued notices to the 2 sons of Late Shabir Ahmed. Salaria namely Muhammad Usman Salaria and another requiring both of them to file their objections.
These court directions were passed in a civil suit filed by Dr. Akhtar-un-Nisa Salaria daughter of late Salaria wherein she has challenged the validity of the Will allegedly executed by the former Advocate General J&K.
Advocate Atul Raina appearing for the plaintiff Dr. Akhtar-un-Nisa Salaria submitted that late Salaria was a renowned Lawyer and he had executed a Will initially on July 1st 2017 which was duly registered by 2nd Additional Munsiff Jammu and further the father of the plaintiff noticing some discrepancy in the said Will executed his last and final Will on July 4, 2017 when he personally appeared in the court in presence of 2 credible witnesses.
In the plaint it is alleged that the son of late S.A. Salaria namely Muhammad Usman Salaria has turned greedy and during the lifetime of late Salaria he had made the life of his father hell as he used to insult his father in full public view including in Court premises and the sole reason of this unruly behavior was to compel the father to give a lion’s share in the property.
It is further alleged that on certain occasions Usman Salaria even assaulted his father, mother (Begum Zubaida Salaria-Ex MLA) in order to extract money from the late father and ailing mother and one day he crossed all the limits of decency when he by force obtained the signatures of the mother on blank papers and also assaulted her and further caused damage to various household items and the matter was reported to Police Station, Pir Mitha, Jammu where FIR number.64 /2017 was registered against him.
It is also alleged that the greediness of the defendant Usman Salaria is also evident from the fact that he sold a plot from his father’s property situated at Shivpora, Srinagar to three persons and when this fraud was detected he had to pay a penalty of Rs.20 lakhs to one of the aggrieved parties and as a matter of fact he wants to usurp the entire estate of late Salaria.
Advocate Atul Raina during the course of arguments further submitted that the Will under challenge dated July 7, 2017 does not inspire confidence as Late Ch. S.A. Salaria earlier executed two Wills which were registered in accordance with law but the forged Will was manufactured by the defendant Usman Salaria with an oblique motive to deprive the plaintiff from the share given by virtue of Will dated July 4, 2017.
After considering the submissions of Advocate Atul Raina, the 1st Additional Munsiff, Jammu Shabnam Sheikh observed that the plaintiff has made out a strong prima facie case and the balance of convenience also tilts in favour of the plaintiff and if the injunction is withheld at this stage the plaintiff shall suffer an irreparable loss which shall not be compensated by any means and while issuing notices to the defendants the court directed that the operation of the impugned Will dated July 7, 2017 is kept in abeyance till the objections are filed and considered by the court.
The court further fixed the matter for further proceedings on August 31, 2021. knt