Mumbai News: Court Send Summons To 7 Individuals For Forging Will To Usurp The property

Mumbai News: Court Send Summons To 7 Individuals For Forging Will To Usurp The property

Even when on the court’s direction the police was directed to probe, the police in their report only said that it is a civil dispute and no case is made out.

FPJ News ServiceUpdated: Sunday, June 02, 2024, 01:17 AM IST
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Mumbai News: Court Send Summons To 7 Individuals For Forging Will To Usurp The property | Representative pic

The metropolitan magistrate court, Bandra, has recently issued summons to seven people to prosecute them for allegedly usurping a property valued at Rs 600 crore willed to be donated to set up an education institute.

The order came on a complaint filed by social activist Melwyn Fernandes against Vasai resident Marina Manuel Fernandes, estate agent Remy Fernandes and five others for allegedly forging a will to usurp the property.

The case pertains to plot located on Bullock Road, Bandra Bandstand. The property was originally owned by one Martha Pereira, aunt of one Marie Fernandes. By a will of Pereira dated back in 1997, Marie became the trustee of the property. Marie executed a general power of attorney in favour of one Marion Crasto in 2013 to manage disputes and issues related to her properties.

Melwyn claimed that Martha had bequeathed part of the property to Marie which she later sold it to Samudra Builders. A part of the land admeasuring 1619 sq mtrs along with bungalow Marina Manor had to be given to Archdiocese of Bombay upon the death of Marie, which was meant to be used for building an educational institute in the name of Martha’s husband Joseph Felix Pereira.

Melwyn claimed that the accused prepared a false will of Marie dated November 8, 2014 and also got it probated from the Bombay High Court. The will was certified by doctor who never treated Marie. Crasto approached police with the help of Melwyn, but police did nothing. Subsequently, Melwyn approached the court.

Even when on the court’s direction the police was directed to probe, the police in their report only said that it is a civil dispute and no case is made out.

The magistrate court while accepted the contentions of Melwyn observing that “The copy of the original will is on record. The copy of another will allegedly forged by accused persons is also on record. In both these documents substantial difference has been noticed particularly about the signature and mental condition of the testator. There is enough material to draw the inference of cheating and forgery. The conclusions arrived at by Investigating Officer are not proper and correct.”

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