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The Bombay High Court has revoked letters of administration that had transferred ownership of a Malabar Hill bungalow valued at INR 150 crore. The property once belonged to Sir Jamshedji Duggan and was allegedly taken over through a forged will. The court fined the person involved INR 25 lakh and ordered cancellation of a transfer deed from 2022. Executors of the legitimate will of Dr Feroze Duggan challenged the transfer, saying it was based on false statements and unregistered documents. The court also opened criminal proceedings for using fake documents in court.
The Bombay High Court has struck down a move to take over a Malabar Hill bungalow valued at INR 150 crore. The court cancelled letters of administration awarded in June 2022 that had transferred the property to a Mumbai Central resident, Bilkish Yunus Namakwala. Advertisement
The bungalow was built by Sir Jamshedji Duggan. Namakwala claimed it was gifted to her by Lady Jena Duggan through a will dated April 6, 1993, after Lady Jena allegedly failed to repay a loan of INR 27 lakh taken in 1980. She argued that the mortgage deed allowed her ownership if the loan was not repaid.
The executors of Dr Feroze Duggan's will challenged this, stating that the will from April 1993 was forged and the loan claim was false. They said the letters of administration were obtained by misleading the court, with false statements and without notifying other interested family members.
Justice Kamal Khata ruled that the deal was fraudulent. The court found that the mortgage deed was not registered, and property records did not reflect the loan. The letters of administration in Namakwala's favour were declared void, and the deed of transfer from 2022 was ordered to be cancelled.
The court imposed a fine of INR 25 lakh on Namakwala. It also directed the court registry to consider criminal action for producing false documents and making false claims in court.
Lady Jena Duggan's genuine will dated April 4, 1993, left her properties, including the bungalow and bank balances, to her grandson Dr Feroze Duggan, excluding her granddaughter Ferina. Dr Feroze had already secured letters of administration, upheld by the Supreme Court earlier. After family litigation and the death of Lady Jena, a court receiver had been appointed over the bungalow except for a part occupied by Jean, Lady Duggan's widow.
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