No guardianship of Frontier Gandhi’s granddaughter in Kin:Hc | Bombay News

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MUMBAI: Refusing to disrupt the current arrangement, the Bombay High Court on Monday did not allow a plea by the nephew of ‘Frontier Gandhi’s ailing granddaughter Khan Abdul Ghaffar Khan to appoint him guardian and let him directly manage his Bank account.
“In case of urgency, the petitioner is free to request an urgent hearing at short notice,” Judges Gautam Patel and Madhav Jamdar said. Zarin Ghani Walsh (78), a Breach Candy resident and born in India, is the daughter of Ghaffar Khan’s eldest son. In 2020, Mashal Khan, his late brother’s son, moved HC to Pakistan.
Khan’s lawyer, Mayur Khandeparkar, said he had no intention of taking her out of Mumbai. He asks to be appointed guardian of his person and does not intend to take care of his property. “He visited her every three months for nine years. He will continue to do so,” he said, and urged the court that Khan be able to manage his bank account.
The judges pointed out that his chartered accountant Dinshaw Sanjana and his childhood friend Monica Ghosh did so as agents and co-holders of the account.
“The only possible difficulty or complication for him to operate the account directly is that he is not there throughout. He is a foreign national and a citizen of Pakistan. All of this taken together has the potential to create difficulties,” noted the judges.
For his aunt’s daily medical and maintenance upkeep, they allowed Khan to ask Sanjana or Ghosh to make a withdrawal. They prohibited Khan from personal dealings, whether in the form of refunds, gifts, or on his real estate. “We accept the petitioner’s undertaking that without an order, Zarin Walsh will not be removed from the jurisdiction of this court,” the judges said, adding that they would periodically hear the case.
The judges said Khan’s appointment as guardian would be interpreted by anyone as exclusive to him. “When he’s not there, this system seems to work. Why do you want to disturb the system that is in place? It’s not in Zarin Walsh’s best interests,” Judge Patel said. Khandeparkar said that if Khan is appointed guardian “he can make decisions” and will have no problem if he has to admit him to hospital. “Nobody asks if you are a guardian. Only the relationship,” Judge Jamdar said. Khandeparkar then urged the court to “make it a joint account”. Judge Patel said his plea was purely speculative. “It’s never happened in nine years. Why now?”
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