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Godrej Properties finds itself embroiled in yet another legal battle concerning a significant real estate transaction in Nagpur. This time, a lawsuit has been filed challenging the company's Rs227 crore deal for a 58-acre land parcel near the Besa area of the city. This marks the second lawsuit against Godrej Properties related to the same transaction, adding complexity to an already contentious situation.
The latest lawsuit takes a different approach, invoking the Mental Health Act, which safeguards the interests of mentally challenged individuals. It alleges that one of the original landowners was of unsound mind, and his share was sold without following the proper legal procedures. The case has been filed in the civil court, with the next hearing scheduled for October 25.
The land in question was initially owned by the late Abdul Wahab's family, and it was Khairunisa, his widow, who sold the 58-acre parcel to the Agrawal family from the city back in 1988. Subsequently, the Agrawals sold the land to Godrej Properties last year, leading to a dispute with the Wahab family members who are now challenging the transaction.
Masood Sharif, counsel for the plaintiffs, revealed that notices have been issued to the respondents. The partition of the property took place after Abdul Wahab's death, with his wife Khairunisa and eight children inheriting their respective shares. Khairunisa sold her share and that of her children to the Agrawals.
However, according to the petition, one of Wahab's children, Abdul Jabbar, is a person of unsound mind, and his share was also sold without the appointment of a legal guardian. There is already an ongoing case in the lower court based on Muslim personal laws, which raises questions about a mother's eligibility as a legal guardian of her children after their father's death. Currently, the high court has issued a stay on this particular lawsuit.
Sharif emphasized that Abdul Jabbar's mental condition had been presented before the court. As per relevant provisions, the appointment of a legal guardian for a person of unsound mind in property matters must be carried out through the court. Khairunisa, who acted as the legal guardian when selling the land to the Agrawals, did not obtain the court's permission at the time.
The current suit has been filed by Munnawara Begum, the wife of one of Jabbar's brothers. She has assumed the role of Jabbar's legal guardian through the court and filed the lawsuit on his behalf. The lawsuit challenges the partition deed and the 1988 sale on the grounds that Jabbar was a person of unsound mind, and his share was sold without following the appropriate legal procedures.
In a separate development, Godrej Properties recently finalized a land deal worth over Rs 350 crore with Rohit Agrawal, a Nagpur-based businessman, for a 109-acre plot situated between the Mihan-SEZ and Samruddhi Expressway. In light of mounting legal challenges, Godrej Properties' real estate dealings in Nagpur continue to face uncertainty and legal scrutiny.
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