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| Court keeps in abeyance will of ex-MP, issues notice to 2 sons | | | EARLY TIMES REPORT
SRINAGAR, July 31: In a significant order 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 Ch. 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 further observed that this order is however subject to the objections by the other side. The court also issued notices to the other side i.e. 2 sons of Ch. S.A. Salaria namely Mohd 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 Ch. Shabir Ahmed Salaria wherein she has challenged the validity of the Will dated July 7, 2017 allegedly executed by the former Advocate General J&K.
Advocate Atul Raina appearing for the plaintiff Dr. Akhtar Un Nisa Salaria submitted that Late Ch. S.A. Salaria was a renowned lawyer and he had executed a Will initially on July Ist, 2017 which was duly registered by 2nd Additional Munsiff (Sub Registrar IV), 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 of 2nd Additional Munsiff (Sub Registrar IV), Jammu in presence of 2 credible witnesses.
In the plaint it is alleged that the son of Ch. S.A. Salaria namely Mohd Usman Salaria turned greedy and 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 behaviour was to compel the father to give a lion’s share in the property.
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 Mohd 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 Ist 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. (JNF)
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