HC once again foils man’s at­tempt to claim SoBo flat

DNA Sunday (Mumbai) - - FRONT PAGE - Urvi Ma­ha­jani @ urvijm

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.

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