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Tuesday, Nov 12, 2019

3 booked for using bogus papers to show dead man alive to grab land in Navi Mumbai

They allegedly tried to show that the land owner’s father, who died 21 years ago, is alive

mumbai Updated: Apr 30, 2018 14:07 IST
Vijay Kumar Yadav
Vijay Kumar Yadav
Hindustan Times
The complainant alleged that the accused prepared at least four bogus documents to back her claims.
The complainant alleged that the accused prepared at least four bogus documents to back her claims.(HT FILE)

The police have booked three people, including a woman, who in a bid to usurp a 27-acre ancestral land belonging to a 72-year-old Dadar resident, allegedly went to the extent of showing that the real owner of the land, who died 21 years ago, was alive.

The police have booked the woman and two others for cheating and forgery.

The complainant Sushil Manghirmalani recently lodged a complaint with the Azad Maidan police against one Smita Mandivya, Digambar Chintamani, Ramakant Kajale. As the case requires dedicated investigation, it was transferred to the Economic Offences Wing (EOW).

Manghirmalani has a 27-acre land in Nanoshi village in Panvel. The land originally belonged to his father Shitaldas Manghirmalani, but after his and his wife’s demise, his son Sushil Manghirmalani became the only heir of the property. Manghirmalani’s sister had no interest in the property and named all her share of the property to his name.

As per the police complaint, when Manghirmalani was trying to sell the land to one Mr Patil, Mandivya wrote an application to the Panvel tehsildar requesting not to register Manghirmalani as the lone legal heir of the said property as the real owner of the property, one Shitaldas Tekchand, is alive and living in Pune. Mandivya also said Tekchand had already sold the land to someone else.

Manghirmalani further alleged in his complaint that Mandivya prepared at least four bogus documents to back her claims. “A complaint letter was written to the tehsildar under the name Shitaldas Tekchand pretending that he is alive. This was done despite the fact that he died on March 29, 1997,” Manghirmalani said in the complaint.

The accused also produced a sale deed showing that Teckchand sold the said piece of land to one Digambar Chintamani for Rs5.70 lakh in May 1980. But this document too was bogus, claimed Manghirmalani in his statement.

The complainant also accused Mandivya of preparing bogus documents showing that Tekchand has given a permanent power of attorney to Chintamani.

Manghirmalani also told EOW investigators that with the help of the bogus document prepared in the name of Tekchand, the accused Chintamani sold this land to Ramakant Kajale. Manghirmalani claims Chintamani did not follow the lawful procedure of getting Tekchand’s power of attorney registered before selling it and hence the selling of the land is illegal. He also said that as the land is in Panvel all its documents should be registered in Panvel, but Chintamani and Kajale had registered it in Haveli, Pune.

Manghirmalani also claimed that the accused also flouted rules and norms at the time of selling the said land. Under law, the actual owner of the land should give a declaration of his existence at the time of registration of the sale deed and other documents of the property. He said that the accused had submitted bogus declarations in the name of Tekchand and the authorities in Haveli, Pune, did not verify the credential of the declaration and registered the sale deed.

Manghirmalani in the FIR also claimed that Chintamani registered the sale deed of the Panvel land in Pune along with his house in Pune, which he also sold to Kajale. The complainant said that as a Panvel property cannot be registered in Pune, in order to conceal it Chintamani had jointly registered the sale deeds of the Panvel land and Pune house in Pune. Manghirmalani complained to the tehsildar about all these illegalities and the tehsildar ruled in his favour. The accused appealed against this verdict and the matter is pending before the higher authority.

Manghirmalani approached the police after the tehsildar’s ruling.

High court had ruled in complainant’s favour

The complainant Sushil Manghirmalani claimed before police that the accused Smita Mandivya in order to grab his property involved a man, who has a name similar to his, Sushi Manghirmalani, in her plan. He said that with the help of this dummy legal heir of the Panvel land, an application was made in the high court. The alleged bogus owner was produced in the high court and the accused managed to obtain a Letter of Administration. Then Mandivya allegedly tried to sell this land to one Mr Patil, claiming she is the caretaker of the land and the owner of the land Sushi Manghirmalani has given all rights to her to sell the land. Patil reportedly paid Rs 50 lakh to Mandivya and insisted on meeting the owner of the property, but Mandivya kept avoiding him. Patil got suspicious and somehow managed to find the real owner (the complainant) and on meeting him, he got to know that the Mandivya had produced bogus documents to sell him the land. When Manghirmalani got to know about the bid to sell his land, he filed a petition in the high court and brought all the facts before the court, which in August 2017 ruled in his favour and imposed a fine of Rs1 lakh on the accused. After this, Manghirmalani decided to sell the said land to same Mr Patil. However, Mangirmalani said Mandivya came out with another plan, one of showing the real owner (deceased Shitaldas Manghirmalani) to be alive, to grab the land.