An unmarried Parsi, before dying last year, willed her Pedder willed her Pedder Road flat to her brother who had migrated to Pakistan in the 1950s but later became a Canadian citizen .
The flat in the landmark building Woodlands “be sold and the (given to him)”, said the will. But her death sparked a bat a battle in the Bombay high court, in which the Enemy Proper. (The flat is) not enemy property as of date. The property is not vesting in a custodian,” said Justice A K Menon. Hence, he said, the question whether the brother is an enemy subject loses significance. He said the property was clearly the woman’s, who was an Indian, and bequest couldn’t be challenged as void.
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