In an ongoing property dispute over the will of late classical singer Bharat Ratna Bhimsen Joshi, his children from the second wife have challenged the joining of claims by the children from the first wife. “Under the guise of challenging the will, you cannot challenge the transfer of property duly effected during the lifetime of the deceased,” advocate Rajendra Pai, lawyer for Jayant Bhimsen Joshi, said.
Jayant Joshi on Monday sought time to amend his appeal before the Bombay High Court to include this point. The court has granted him two weeks to do so. The matter will be heard next on August 25.
Mr Pai on Monday contended that the respondent cannot join the claim of transfer of such property which was not a part of the will.
“Such joinder of claim/ causes of action in a single Suit against these appellants is impermissible and barred… Especially considering that the claim of action for setting aside the aforesaid Gift Deeds is ex-facie barred by limitation,” the pointers submitted to the court stated.
The dispute over the will of Bhimsen Joshi had escalated into the courtroom wherein the lower court had ruled in favour of Bhimsen Joshi’s children from his first wife.
Three siblings Jayant, Shrinivas and Shubhada have filed an appeal from order against Raghavendra, Anand, Usha (Bhimsen Joshi’s children from his first wife Sunanda Joshi) and the resident editor of a famous Marathi daily in Pune. The litigation concerns to Mr Joshi’s bungalow ‘Kalashree’ in Pune, four flats in upscale localities in Pune and royalty from 18 music companies. The property in question runs into crores of rupees.
Mr Joshi had married Sunanda Katti in the year 1944. In the year 1951, before the Hindu Marriage Act was codified, he performed second marriage with his disciple Vatsala Mudholkar. He had three children from the first marriage, and three more from the second marriage.
After his second marriage, Mr Joshi started staying with his second wife. But he maintained both the families, and completed all the family obligations. After the death of classical music’s doyen, his children from his first wife challenged the will executed by him on September 22, 2008.
They claimed before a city civil court in Pune that the singer was seriously ill since 2006 and that he was not of sound mind at the time of the execution of the eight-page will.
Thereafter, Jayant Joshi and his siblings had appealed against the Pune court’s order in the Bombay High Court.
