Mumbai: In a case that raises serious concerns over the misuse of legal documents in high-value real estate transactions, the Chembur police have registered a criminal case against Vidyadhar Sitaram Rao, 47, a resident of Vasai, for allegedly misusing a Power of Attorney (PoA) to illegally transfer ownership of a prime property in Juhu into his own name.
FIR Filed by Alert Sub-Registrar
The FIR was filed by Eshwar Danaram Devshi (55), an alert sub-registrar with his office at Chembur. Kuldip Pawar, a Thane resident, tipped off Devshi about the alleged fraud. The official immediately made inquiries and confirmed that a fraud indeed has been committed.
Forged Sale Deed and Documents
Devshi found that the sale deed dated June 13, 2024, registered in the Sub-Registrar’s office, was executed using false documents, including a forged PoA and fake signatures.
Details of the Property
The disputed document pertained to a property named "Meherabad" in Juhu Koliwada measuring 3570.6 sq. meters worth several crores.
Claims by the Accused
Rao claimed to be the lawful PoA holder for Dorab Faridoonji Seervai, who was appointed as administrator of the estate by the Bombay High Court on October 31, 2022, following the deaths of original owners Nasserwanji Dorabji Seervai and Mehrbanu Nasserwanji Seervai.
These owners had, through a will dated November 14, 1984, transferred rights to Rustom F. Seervai. Upon his death, Dorab Seervai was made the legal administrator.
Execution of Sale Deed
The sale deed in question was executed on June 10, 2024, by Rao using a PoA supposedly granted to him by Dorab Seervai on August 24, 2022. The transaction was recorded in the presence of his advocate Vinod Mishra, and attested by two individuals, Karan Gupta and T. V. Singh, who verified Rao’s identity.
Legal Requirements and Discovery of Death
As per Section 32(a) of the Registration Act, 1908, any registration via a PoA must be accompanied by a declaration confirming the PoA remains valid and that the issuer is alive. Accordingly, a sworn affidavit was submitted by Rao, declaring that the PoA was still valid and had not been revoked and that Dorab Seervai was alive.
However, Devshi discovered that Dorab Seervai had died on October 14, 2023, months before the sale deed was executed. A death certificate issued by the BMC’s K/West Ward confirmed this fact.
Implications of Forged PoA
This revelation rendered the PoA null and void, as a Power of Attorney becomes legally invalid upon the death of its issuer. The implication is that Rao falsely declared Seervai to be alive, submitted a forged affidavit, and used that to transfer the property to himself, causing significant legal and financial implications.
Follow-Up and Investigation
In an attempt to gather further evidence, Devshi sent letters to Rao and to the last known address of Dorab Seervai, seeking clarification and supporting documents. While the letter to Seervai returned undelivered, Rao failed to respond altogether.
Notably, Kuldip Pawar who raised the initial red flag did not furnish supporting evidence regarding Dorab Sirvai’s death until the registrar's own investigation led to the discovery of the death certificate.
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FIR Registered; Investigation Underway
Based on Devshi's findings, the Chembur police have booked Rao under Section 82 of the Registration Act, and Sections 318(4), 336(3), 338, and 340(2) of the Bharatiya Nyaya Sanhita (BNS), for forgery, misrepresentation, and fraud. Further investigation is ongoing.
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