Mumbai: The Bombay High Court on Monday set aside what it called a “flagrant fraud” involving a Rs 150-crore bungalow at Malabar Hill, once owned by legendary eye specialist Sir Jamshedji Duggan.
Letters
of Administration Cancelled
Justice Kamal Khata cancelled the letters of administration that the court had mistakenly granted in June 2022 to 67-year-old Bilkish Yunus Namakwala, a resident of Mumbai Central. Namakwala had used the order to transfer the Duggan family’s Lawnside Bungalow into her own name within two weeks.
“This case exemplifies a flagrant fraud perpetrated not only upon the rightful beneficiaries but also upon this court,” Justice Khata said. He fined Namakwala Rs 25 lakh and directed the court registry to begin criminal proceedings against her for making false claims and producing fabricated documents.
False Mortgage Claim Dismissed
Namakwala claimed that Lady Jena Duggan, wife of Sir Jamshedji, had borrowed Rs27 lakh from her in 1980, mortgaging the bungalow as security. Since the loan was not repaid, Lady Jena allegedly executed a will on April 6, 1993, gifting her the bungalow.
The court, however, dismissed this story outright. It said the supposed mortgage deed was neither registered nor mentioned in property records. “It is inconceivable that Lady Jena’s solicitors were unaware of, or disregarded, a sizable debt of Rs 27 lakh, an enormous liability in those days,” Justice Khata observed.
Family Executors Challenge Fraud
The case was brought by Shrieen Dinshaw Mistry, Shapoor Dinshaw Toorkey and Dinshaw Maneck Mistry, executors of the will of Dr Feroze Duggan, grandson of Sir Jamshedji. According to Lady Jena’s genuine will dated April 4, 1993, all her properties—including the bungalow and about Rs1 crore in investments—were left to Dr Feroze. She had excluded her granddaughter Ferina, fearing she would marry a Russian, which she eventually did.
Dr Feroze had already secured letters of administration from the high court, and the Supreme Court upheld them in 2017. After his death, disputes continued within the extended family, and a court receiver was appointed to oversee the bungalow.
Illegal Petition and Court Ruling
Despite this, Namakwala filed a fresh petition in 2022 relying on the alleged second will, and the court mistakenly issued her fresh letters of administration. The high court has now ruled that this was illegal: “Nothing in law provides for two separate letters of administration by the same person for the same property,” Justice Khata said.
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The court has revoked the 2022 order, cancelled the deed transferring the bungalow to Namakwala, and issued her a show-cause notice for failing to surrender the forged papers earlier.
“By such conduct,” the court said, “the respondent unlawfully usurped an immovable property valued at Rs150 crore situated at Malabar Hill.”
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