The said flat was in the name of Mrs. Godavariben Ishwarlal Tailor. We are three brothers and sister as legal heirs.
Krishna Randeria Krishna took advantages of old age and illness of our mother and in the absence of our presence, with malafide intention, wrongful motive and to deprive the right of Co-ownership of to his brother prepared the WILL during the month of November, 2018 without any notice and NOC from us and hide it with him and did not informed anybody.
He got the said WILL registered before Sub-Registrar Office at Borivali around 7.30 pm to 8 pm on 26/11/2018 and the said WILL had been witnessed by his own son and his wife (i.e. Dharmishtha Randeria and his son Vishal Randeria).
Our mother was illiterate, she knew only Gujarati language and the above said mentioned WILL prepared in English without her knowledge.
Our mother expired in 30th June 2021, it is only after 5 months viz., November 2021 Krishna has initiated transfer of name for electricity meter and gas meter bill in Krishna (his) name based, on this forged WILL.
Based on changed bill of electricity and pipe gas bill, and copy of forged WILL Krishna has transferred the said Flat in Krishna’s name depriving the Co-ownership rights of with malafide intention and connivance and collusion with Chairman & Secretary without Probate and without NOC from other legal heirs.
We came to came to know the said fact recently in the month of December 2021, when we learnt from Electricity Bill & Gas Meter Bill that the name of Owner has been changed.
It appears that the Krishna Randeria had made an application to the Chairman & Secretary to transfer the said Flat in his name and the Chairman & Secretary without taking the consent or NOC from the other legal heirs or follow the rules and regulation of Co-operative society byelaws as well as Act and transferred the said Flat in the name of the Krishna Randeria on the basis of the forged Will without Probate.
When we came to know the said fact that Chairman & Secretary had transferred the Maintenance Bill in the name of the Krishna Randeria which came in our possession based on forged will and without any order or Probate from the Hon’ble High Court and NOC from other legal heirs for the best reasons known to him, we have confronted them. We had also addressed a Letter through our Advocate Shri Jitendra J. Shah to the Chairman/ Secretary of the Society on 10/03/2022 mentioning the above facts.
Based on Changed Maintenance bill and forged will Krishna Randeria had made an application to Adani Electricity and Mahanagar Gas Ltd., to transfer the Electricity Bill and Gas Connection Bill in his name and accordingly the said authorities have transferred the Electricity Bill and Gas Bill in the name of the Krishna Randeria. We are attaching herewith copies of the Maintenance Bill issued by the Chairman & Secretary and electricity Bill duly changed in his name.
Accordingly we had given notice through our advocate Shri Jitendra J Shah to the Krishna Randeria on 10/03/2022 and called upon the Krishna Randeria that the said Will which is registered has not been probated by the Krishna Randeria and till the Probate is obtained, nobody has any right to become the absolute owner of the said flat premises.
We also requested Secretary & Chairman to give the copy of the Application, if any, made by the Krishna Randeria to the Society on the basis of which the said Flat has been transferred in the name of the Krishna Randeria as We are staying in the said flat when they issued notice.
Krishna allegedly complained to police that we forcibly entered into the said flat on 23/02/2022 and also lodged a false complaint against Natvarlal and his family and at Malad Police Station to keep him away from said flat.
Thereafter, we addressed a letter to the Chairman & Secretary on 08/04/2022 to give copy of the application made to the Society but the Chairman & Secretary are not giving reply to the said letter that on the basis of which papers they had transferred the said flat in the name of the Krishna Randeria.
In view of the complaint lodged at Malad Police Station, the my brother Mr. Natwarlal Ishwarlal Tailor & his wife Mrs. Jayshree Natwarlal Tailor received a notice from the Senior Inspector of Police bearing Ref. No. OutwardNo.3165/22 dated 11/04/2022 alleging therein that we are trespassers and called upon to give reply to the said notice. In view thereof, ourAdvocate Shri Jitendra J Shah had given reply to the said notice on 14/04/2022 addressed to the Senior Inspector of Police, but my brother Mr. Natwarlal Ishwarlal Tailor and his wife Mrs. Jayshree Natwarlal Tailor were asked by Officer-In-Charge to leave said flat and threaten them that he may arrest them on the grounds under Section 441 &442 of the Indian Penal Code.
We state that in view thereof, we have filed separate court case separately to seeking justice, as we have equal undivided shares in the said flat. In view thereof, we have been left with no other alternative, but to approach this Hon’ble Court for appropriate reliefs.
Against criminal conspiracy and benefits for him & his family by depriving our Legal share to us.
But, the Malad police station did not accept our complaint as they are threating to us as we are the illegal trespassers in the said flat and they will take action against us well as all the family members of Mr. Natwarlal Ishwarlal Tailor would be arrested on the ground of illegal trespassers in the said flat with motive of criminal.
Therefore, we file this complaint before the Hon’ble court to give the direction to the Malad Police station and submit the report of the same before the Hon’ble Court The for equity, justice and balance of convenience in favour of us.
The Secretary and Chairman of society does not shows any accounts to members nor any register of meeting/Notice or agenda book or any minutes books are being maintained and being shared to members of the society.
The whole working of society is required to be scrutinized and being audited in the interest of members.
Hope you will take some initiative and inquire in the matter of society office bearer and their working.
This would have been averted if the Secretary and Chairman would have acted in a professional way and sincerely before indulging in such criminal and illegal activates with hand to gloves for some monetary gain.
Wills & nominations
Shirish Shanbhag Shirish Shanbhag has an MSc in Organic Chemistry, Diploma in Higher Education, a Diploma in a French and has completed his LL.B. in first class, in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, where he taught theoretical and practical chemistry. Post retirement in 2012, he started providing guidance and counseling to people on several issues, with a specific focus on co-operative housing society related matters. Adv Shanbhag has a kee
Bapoo Malcolm Bapoo Malcolm is an Advocate at the Bombay High Court and a former national cycling champion and a man of many interests. Mr Malcolm is an expert in the mechanics of preparing Wills. He is advocate practising civil and criminal law as well as documentation and arbitration. He also takes up family court matters, redevelopment and MHADA matters and testamentary work, including litigation. Mr Malcolm operates in areas up to Nashik and Valsad and from Igatpuri to Udvada. He has experience in polluti
Ashok Kargutkar Ashok Kargutkar is a Certified Associate of Indian Institute of Bankers (CAIIB) and has worked in Bank of India for 26 years. He has also been an insurance advisor with LIC India and AMFI registered Mutual Fund Advisor for 5+ years. He has also been a counsellor at Abhay Credit Counselling Center since its inception in Sept. 2008 to 2014.
AV Shenoy AV Shenoy hold degrees in both Mechanical and Electrical Engineering from VJTI, University of Bombay and a Post Graduate Diploma in Industrial Management from Jamnalal Bajaj Institute of Management Studies. Worked as a Design Engineer in Electrical Business Group of Larsen & Toubro Ltd. at Powai from October 1969 to September 2001 and retired as Dy. General Manager. Also worked as a Facilitator/Trainer for implementation of Total Quality Management (TQM) and ISO 9000 in the organization. Since r
Abhay Datar Abhay Datar is a consumer activist. After working at Bank of Baroda for about 29 years, he retired as IT Manager. After retirement, Mr Datar joined Consumer Guidance Cell of Mumbai Grahak Panchayat (MGP) in 2008 and solved many cases related to banking including online fraudulent transactions, misuse of credit cards and ATM cards. Also handled cases related with mobile banking frauds and mediclaim. He was a Member of the Managing Committee of MGP till March 2021.
Shailesh Gandhi Shailesh Gandhi is a former Central Information Commissioner for the Right to Information Act. He is a successful RTI activist and a regular speaker at Moneylife Foundation.
SD Israni Dr SD Israni is an Advocate & Partner of SD Israni Law Chambers and has over 37 years of experience in the field of Corporate, Commercial and Securities Laws. He has simply written the book on Indian securities laws, copies of which he kindly donated to Moneylife Foundation library. Dr Israni's professional achievements are formidable. He was a member of the Naresh Chandra Committee for simplification of Company Law relating to private and small companies. He has been on SEBI's committee on
Samir Zaveri An extraordinary activist who has dedicated his life to the cause of railways, with a mission to help every rail commuter and accident victims, and improve Railway safety.
Yogesh Sapkale Yogesh Sapkale is Deputy Editor of Moneylife and writes on legal, RTI, and consumer issues
Sucheta Dalal Trustee - Moneylife Foundation
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