The legal spat in the Durban High Court between the ex-wife of a Durban tycoon and an attorney over the administration of his multimillion rand estate has turned into a messy cat fight.
Mariam Loonat, the applicant, claimed in court papers that attorney Thasneem Parak, the executrix of the estate of her late husband, Abdul Kader Adam, had grossly overcharged her.
Loonat also alleged Parak had defrauded her.
In an apparent tit-for-tat response in her opposing papers, Parak claimed Loonat had had a previous brush with the law, and that “a leopard cannot change its spots”.
Loonat failed in her court bid for an order that Parak be removed as the executrix.
Instead, Judge Themba Sishi ordered that she file her replying papers by this Friday and adjourned the matter to an unconfirmed date.
Parak denied the fraud and overcharging allegations Loonat had levelled against her.
She said the allegations were extremely serious and Loonat’s intention was to cast her in a bad light.
According to court documents, Adam (Loonat’s ex-husband) had owned several sectional title units and share block apartments in Durban and elsewhere.
Loonat was a trustee of the trust which the deceased had established.
Parak was appointed as the executrix on June 11 last year.
Loonat claimed Parak had asked for legal fees up front.
“She was paid in excess of R1 million from May last year. I paid Parak R75 000 from my personal account on March 25 last year.
“She received R246 350 from the Abdul Kader Adam Family Trust in March last year, R200 000 from the same trust in June last year and R762 746 from the AK Adam Property Trust in December last year.
“I have been legally advised by other lawyers that Parak did not carry out her mandate in terms of the law.”
Loonat said she was told by Parak that her ex-husband’s estate would devolve according to the Islamic law of succession.
“Adam fathered my two children. They are among the beneficiaries in his estate.
“I am their mother and guardian and have the right to protect their interests.
“Parak used to come to my home uninvited. She used inappropriate words on Dawood which made me feel uncomfortable,” claimed Loonat.
Parak, in her affidavit, alleged Loonat and her new husband, Dawood, had bombarded her office with several boxes of documents.
“This matter, including all the running around, took up a great deal of my time. The processes involved to gather the necessary documents to wind up the estate resulted in my practice being neglected.
“The workload in this matter resulted in me employing another attorney and two clerks. I had to pay three new staff members as well,” she said.
Added Parak:
“I spent R100 000 from my funds to fund the various processes involved in this matter.
“I had to copy and scan thousands of pages to put this matter together and to send it to the Master, the Deeds Office and others.
“Loonat accompanied me to various trips to the Deeds Office (in Pietermaritzburg).
“She knows that it was time consuming,” she said.
“I reject Loonat’s claim that I was a party to overcharging and fraud.”