Four years after a petition was filed claiming right over the Jinnah House in Malabar Hill, Dina Wadia’s plea will come up for hearing in the Bombay high court on December 12.
Dina, daughter of Pakistan’s founder Mohammed Ali Jinnah, had filed the petition in the Bombay HC in July 31, 2007, seeking possession of the Jinnah. She claimed that she was the only legal heir.
A division bench of Justices P Majmudar and Mridula Bhatkar kept the petition for hearing on December 12. The HC has asked all the parties to file their affidavits, if any, by December 5. The court was informed by Dina’s attorney that they would have to appoint another counsel to argue their petition. Since 2007, senior counsel Fali Nariman was arguing on her behalf.
However, Nariman’s son Rohinton Nariman has been appointed as Solicitor General of India, who would be either arguing for or advising the Centre. Earlier, the government was represented by Gopal Subramaniam and advocate Advait Sethna.
The court had earlier admitted applications filed by Mohammed Rajabally Ebrahim and Shakir Mohammed Ebrahim, who are claiming 1/6th undivided interest in the residual rights of the bungalow at Malabar Hill valued at over Rs300 crore. They have claimed that they are the descendants of Fatima Jinnah, his sister to whom Jinnah had bequeathed the property.
Apart from Dina and descendants of Fatima, the Pakistani government is also seeking claim to the Jinnah House. The Indian Council for Cultural Relations is also planning to use the Jinnah House as South India Centre for Arts and Culture. The Jinnah House was constructed by Mohammed Ali Jinnah in 1917.
Dina, who is now staying in the UK, has claimed in her petition that there is no valid will to justify the Centre’s notification declaring the heritage property as evacuee property under the Bombay Evacuee (Administration of Property) Act, 1949.
