KEY POINTS
- The court required Bhavana Badassey to give her sister Zaaria Omarsaib more than R730,000 with interest accrued since August 11, 2021 and additional legal expenses.
- Both the court and Omarsaib discovered evidence that Badassey used money from her parents’ estate improperly while also keeping poor records of the distribution of funds.
- The court-issued judgment remains unenforced by Omarsaib since she cannot find her sister after eighteen months.
A Durban native Zaaria Omarsaib obtained a court victory against Bhavana Badassey when the court ordered her sister to pay more than R730,000 for misusing money from their parents’ estate.
The difficulty now faces Omarsaib because she cannot find her sister for judgment execution purposes.
The inheritance dispute
Badassey needs to pay both Omarsaib R732,137.73 together with interest and all her court costs based on the Verulam Regional Court decision. Badassey served as Omarsaib’s legal guardian in August 2011 before mishandling inheritance funds that were under her responsibility.
All inheritance funds originated from the Road Accident Fund together with a Sanlam pension fund and ownership proceeds from Cadiz Asset Management and the sale of their mother’s vehicle. The family of Omarsaib received R1,286,900.22 after their parents passed away during 2008 and 2010.
At the time when she was a university student Badassey obtained full control of the finances managed by Omarsaib. Upon becoming an adult in 2018 Omarsaib discovered that her sister had not supplied any information about the financial use of the money.
Mismanagement and legal findings
As Omarsaib maintained her sister operated a single banking account with full ownership rights to that account. Badassey allegedly spent her money on a purchased vehicle and Carmol Distributors investment but neither of these investments succeeded to generate profits leading to substantial financial damage.
The witness explained that she spent money for all family household costs including maintaining other family members even though it served her personally.
Badassey explained that she spent more than R901,602 to provide comfort for her sister in Omarsaib.
The magistrate accepted none of the expenses noted by Badassey such as pet food costs vet bills and household insurance besides vehicle maintenance costs. Medical expenses failed to gain approval from the court because medical aid and gap cover services existed throughout the period.
Badassey lacked proper documentation which prevented her from establishing that the money she spent during guardianship was reasonable. The court assessed this unaccounted money to determine that she should be held financially responsible for it.
Struggles for justice and closure
The experience of betrayal caused Omarsaib to feel emotionally strained and financially unstable as she turned 25 years old.
She betrayed my need for love and protection by exploiting me to the worst degree she could imagine during that period when I required such care she said. The experience puzzled me for numerous years even though I couldn’t grasp its meaning.
Throughout my childhood years I trusted my sister with total confidence since I thought she cared about my welfare. Discovery of her deception in adulthood revealed that my sister had stolen all funds which were supposed to secure my future.
Woman wins inheritance battle, she said the court win serves as progress toward her ultimate goals which include receiving accountability along with closure.
Her arrival to make a payment proposal would be my hope. The matter extends beyond financial compensation because she demands justice and closure together with accountability in this matter.
Woman wins inheritance battle but search for Badassey continues
According to Omarsaib her attempt to find her missing sister has been unsuccessful since the court ruling occurred eighteen months ago. She holds onto the belief that Badassey will appear to handle the responsibility for her actions.
The legal order requires Badassey to pay interests to Omarsaib starting from August 11, 2021 when she received the summons and extending until the date of full payment. The court system instructed Badassey to shoulder the complete financial burden of the legal action.
Woman wins inheritance battle and this case demonstrates the stress and financial complications which stem from inheritance conflicts especially when family members fail to uphold trust.
