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Discovered that a stranger was buried in the plot purchased by the mother, will a burial society pay?
A resident of Nahariya purchased a plot of land adjacent to her late husband in 2000.
When she passed away, her children discovered to their amazement that another person had already been buried in the purchased plot.
What did the court rule?
Tags
grave
Claim
David Rosenthal
Tuesday, 16 November 2021, 12:21 Updated: Wednesday, 17 November 2021, 08:14
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After the death of her husband in 2000, a resident of Nahariya, a mother of two, purchased two adjacent grave plots - one for the deceased and the other for her, by the time she also died - and could be buried next to her husband.
In 2019, the buyer died, and the next day she was to be buried in the plot she purchased in the old cemetery in Nahariya.
But since there was a serious mishap, which reached as far as the door of the court.
According to the plaintiffs, who were assisted by attorneys Yuval Adler and Adi Arman of the firm of Ben-Ari, Fish, Saban & Co., on the morning of the funeral, a representative from the burial society called and informed them that the grave plot had already been excavated and was ready for burial.
In retrospect, it became clear to them that another plot of land had been excavated, since another person, whose identity is not known at all, was buried in the original plot.
Thus, the brothers were forced to postpone the date of the funeral.
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To the full article
Purchased a grave next to her late husband - and when she died, her sons discovered that the plot had been "captured" (Photo: ShutterStock)
Not next to the deceased but above him
Adv. Adi Arman (Photo: Yachz)
At this point, it was alleged, representatives of a burial society offered the brothers to bury their mother over their father, explaining to them that this was the only way the deceased could be buried in close proximity to the deceased, and without further delay, for what had already been done.
Having no choice, and in order not to postpone the funeral, the brothers had to agree to the offer.
The brothers, as stated, claimed in the lawsuit for the negligence of a burial society.
The company claimed in the written defense that the burial of the anonymous person in the mother's grave plot was done without her knowledge and even a complaint was filed with the police, but after the act she could no longer prevent the burial.
According to Hevra Kadisha, this is a single case that occurred in the Nahariya cemetery.
After the case was heard, the court offered the burial society to compensate the brothers with NIS 100,000 plus NIS 20,000 in legal expenses.
Both parties accepted the offer and it was given the status of a judgment.
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