HC once again foils man’s attempt to claim SoBo flat
Mumbai: The Bombay high court has once again thwarted a man’s attempt to stake claim to a sprawling 1,200 sqft flat in south Mumbai based on his father’s will that is disputed.
Dismissing Satish Shah’s appeal, a division bench of chief justice Mohit Shah and justice MS Sonak said: “From the material on record, it does appear that the appellant/ plaintiff ( Satish) was not candid with the court in the matter of explanation regards the will or the true copy of the will. The explanation belatedly attempted to offer does not inspire confidence.”
Shah approached the division bench after justice RD Dhanuka dismissed his appeal in January. According to Shah, his father Chandulal left a will on January 3, 1995. He passed away on Febru- ary 16, 1996. At stake was a flat and garage in Divyalok building in Malabar Hill in South Mumbai worth more than Rs7 crore.
He claimed the original will was in the office of the Prothonotary & Senior Master of the high court. So, he filed a suit on December 18, 2009, seeking a probate of a certified copy of the will, notarised by advocate IB Sonavane on January 11, 2005. Pending suit, Shah filed notice of motion seeking permission to proceed with the notarised copy of the will as the original will was untraceable.
But on a notice by the court, advocate Sonavane filed an affidavit saying he had not notarised the will. Also, the rubber stamp and his signature on the copy were forged, Sonavane said. But he could not be examined as he passed away in March- April 2012.