Property dispute in Marine Drive: Man accuses uncle of not allowing mother, brother share in flat

Updated: Mar 15, 2019, 22:33 IST | Hemal Ashar | Mumbai

Family tug-of-war over swish Marine Drive property

Western Court building
Western Court building

A falt on the third floor of Western Court building on Marine Drive's 'F' Road, has become the focus of a property dispute. Sanjay Hassija, 49, who currently lives with a relative in Santacruz, has accused his uncle Kishore Hassija of depriving his mother Usha Hassija, 68, brother Ashwin, 41, and him of a 1/3rd share of the flat. He has accused Kishore of forging documents, claiming himself (Kishore) as legal heir of his late father, and transferring the 1/3rd share in his name and then selling off the flat.

The history

Sanjay said, "My late father, Biharilal Hassija, along with my two uncles, one of whom is Kishore, used to live in Western Court building in a 1,200 sq foot flat in the 1960s. In the late 1960s, my father moved to another home at Marine Drive but retained a 1/3rd share in the Western Court flat. Going by current rates, this flat price is pegged at R8 crore or so. Sanjay and Ashwin both said, "Kishore claims he is the legal heir of my late father (!) by submitting an indemnity bond, and transferred this flat to his name and then to his children. His children, in turn have sold the flat in October 2018 to one Priti Vinod Jain. Yet, 1/3rd share of a 1,200 sq feet flat, which would
amount to approximately R2.6 crore, belongs to my mother, and both of us who are the legal heirs."

Sanjay Hassija. Pics/Sneha Kharabe
Sanjay Hassija. Pics/Sneha Kharabe

Flat sale

The sale of the flat, the brother's claim has been done despite their lawyer Rita Bhatia's letter dated October 11, 2018 to the chairman/secretary of Western Court Housing Society asking that the flat not be sold pending a revision application.

Housing society

Sanjay and Ashwin Hassija said, "We have been writing to the housing society committee for the past 10 years asking to transfer the flat in our name after our father's demise. Now, how can a flat be sold when a 1/3rd share still belongs to us. We got no replies and the building has now been taken over by an administrator." The Hassija brothers said the Registrar of Societies (at Malhotra House in Ballard Estate) has a 'stay' on the flat that was granted on October 23, 2018 and said it could not be transferred. Sanjay and Ashwin also filed a complaint with the Economic Offences Wing (EOW) on November 19, 2018. "We are literally like vagabonds now," said the anguished brothers. We will fight till we get our rightful share."

The other side
Western Court building administrator Kailash Singh said, "The flat was transferred because the Registrar had passed an order that it could be sold. This order has now been challenged. Now, we will go according to whatever decision the higher court gives." Vinod Jain, husband of P Jain, to whom the flat was sold, said, "I have all documents to prove the flat has been rightfully bought. I took the opinion of at least three advocates who said there was no problem. Ashwin, Sanjay and their mother do not have a stake in the flat. We had already put an announcement in the papers that we are buying this home and nobody came forward with an objection. I have all papers proving this is a legal buy." Vinod Hassija, son of Kishore Hassija, said, "There is absolutely no fraud done by my father. These allegations are baseless and defamatory in nature. Usha Hassija has been absconding. The matter is sub-judice and let the court now decide."

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