POST - THE nephew of Rakesh Nana, who died of Covid-19, is legally entitled to his uncle’s ashes following a Western Cape High Court ruling.
Aman (son of Panna Nana, Rakesh’s sister) and his family took Nana’s wife to court to be allowed to perform his last rites and dispose of his ashes.
Last Thursday, Judge Vincent Saldanha ruled that Aman be given his uncle’s ashes.
Nana, 40, of Cape Town, died on June 24 after contracting Covid-19. His body lay in a morgue for a month while the court battle ensued.
On July 1, the court ordered his body be cremated. A decision over who got the ashes and who paid the costs of the application were to be finalised at a later stage.
The body was cremated at the Paarl Crematorium on August 6. In terms of health regulations, the body should have been cremated or buried within three days and according to Hindu custom, it should have been done as soon as possible after death.
Nana lived with his sister Panna for about two years before his death. He was separated from his wife, Praneshvari. They have two children, a son and a daughter.
When Nana died, Panna brought the court application together with Aman and his sister, Nina. They said that four months before his death Nana signed a police affidavit asking that his last rites be conducted by Aman. In the affidavit, which was submitted to the judge, Nana said he had come to regard Aman as his eldest son.
Praneshvari opposed the application. She said her son was the person who had the right to perform the last rites, as well as collect the ashes and then disperse them.
The parties subsequently agreed that Aman would collect and dispose of the ashes and this was made an order by the court.
Aman and his family will now make arrangements for the immersion of the ashes. It needs to be done before September 30, and Praneshvari needs to be informed at least five days before.
A priest from the Rylands Hindu Temple will officiate at the ceremony.
“On the date of the final ceremony, the applicants, together with the first respondent and the deceased’s children, should they wish, shall attend at the Cape Town Waterfront, where a vessel shall be secured at the applicant’s costs.”
Aman and Nana’s children will jointly perform the rituals before the ashes are dispersed.
Avbob, the funeral parlour which was also cited in the matter, was ordered to hand over the original death certificate to Aman.
Praneshvari was ordered to contribute R34500 to the legal costs incurred by Aman and his family.
Aman said he was grateful his uncle’s wishes would finally be fulfilled.
“We initially did not want to take the legal route but instead settle the matter out of court. But we are glad the matter is finalised and we can proceed with my uncle’s wishes.”
Panna said she was happy she was finally able to bring her brother home. “At one end, I am happy but on the other, I am sad to have brought him home under these circumstances.”
Praneshvari declined to comment.
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