Nagpur: In an ongoing legal dispute, another lawsuit has been filed against Godrej Properties concerning a contentious land deal worth Rs 227 crore, which transpired last year. This legal battle centres around a 58-acre land parcel located near the Besa area of Nagpur, said a report in a local English daily.
According to the report, this second lawsuit challenging the land deal invokes the provisions of the Mental Health Act, which is designed to safeguard the interests of mentally challenged individuals. The lawsuit alleges that one of the original landowners involved in the transaction is of unsound mind, and his share was sold without adhering to the necessary legal procedures. The case has been filed in the civil court, and the next hearing is scheduled for October 25, the report added.
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Thursday 21 Nov. 2024
The report further said that the land in question was initially owned by the late Abdul Wahab’s family. Following his demise, his widow, Khairunisa, sold the 58-acre land to the Agrawal family of Nagpur back in 1988. It was only last year that the Agrawals entered into a transaction with Godrej Properties to sell the land. The original deal between the Abduls and the Agrawals is now under scrutiny and legal challenge by family members of the former landowners.
Notices have been issued to respondents in this lawsuit, as confirmed by Masood Sharif, counsel for the plaintiffs. The case raises several intricate issues. It is alleged that one of Abdul Wahab’s children, Abdul Jabbar, is mentally incapacitated. Despite his condition, his share of the land was purportedly sold without the appointment of a legal guardian, which is legally required in such cases.
According to the report, the petition also references a separate case in the lower court that cites Muslim Personal Laws, arguing that a mother cannot be a legal guardian for her children after the father’s death. The High Court has currently imposed a stay on this particular lawsuit.
As per Masood Sharif, Abdul Jabbar’s mental health condition is well-documented, and the court should be involved in appointing a legal guardian for individuals with such conditions in property-related matters. It is highlighted that Khairunisa, who acted as the legal guardian and facilitated the sale of the land to the Agrawals, did not have the necessary court permission at the time.
The latest lawsuit has been initiated by Munnawara Begum, the wife of one of Abdul Jabbar’s brothers. She has assumed the role of Jabbar’s legal guardian through a court order and is now filing the suit on his behalf. The crux of the matter challenges the partition deed and the sale of 1988, asserting that Jabbar was mentally incapacitated and that his share was sold without following the requisite legal procedures, the media report stated.
Last week, Godrej Properties struck a land deal of over Rs 350 crore, finalized between the company and Rohit Agrawal, a businessman from Nagpur, for a 109-acre land. The pocket is located between MIHAN-SEZ and Samruddhi Mahamarg.
