Grandson wins first positive decision in grandma's decades old dispute

Kaashif, the toddler, with his grandmother

When Ali Kaashif Khan Deshmukh became an advocate in 2017, his first task was to file a writ petition at Andheri court on October 12 that year. The writ petition was for his grandmother's legal battle against builders who had allegedly cheated the family out of their property in Andheri. Having grown up watching her struggles, the petition was Deshmukh keeping his promise to get her justice and now for the first time, the case is seeing positive development as the court has summoned the builders in a case of cheating and forgery.

Advocate Ali Kaashif Khan Deshmukh in the present day

Deshmukh's family resided in Andheri East's Teli Galli area. In 1981, the then landowner got into an agreement with a builder to have an RCC building constructed. While the building was never built, the land itself has gone from one owner to another and today houses the CritiCare Hospital. In a hearing on December 11, the court has summoned 12 people including the builders and the owners of the hospital, in the case where the original tenants' have not been given their properties in nearly four decades.

What Kaashif's actual family home in Andheri looked like back in the day

The case

"Khatoon Khan, my grandmother and her sister-in-laws Shamim Khan, Ruksana Khan, and Zulekha Ali Mohammed were duped and cheated of tenancy by multiple builders including Nil Ratan Builders, Om Trinetri builders, a builder Shashikant Patkar, Chintan Enterprises and the by Dr Deepak Namjoshi and Dr Masooma Namjoshi of CritiCare Hospital," advocate Deshmukh told mid-day.

Advocate Ali Kaashif Khan Deshmukh

"In 1981, landowner Abdul Latif Shaikh had an agreement with Nil Ratan builders to construct a building named 'Pakeeza'. All tenants then executed individual agreements with Nil Ratan in 1983 where they were promised individual flats on ownership basis within 18 months," he added. The tenants were given four flats in Kalyan Bhavan building owned by Nil Ratan as a temporary residence.

With his grandmother, Khatoon Khan, when he was in college

"After failing to construct a building, the builder transferred the development rights to a second builder, Om Trinetri builders as per an agreement on 30 June 2001," he added. "Om Trinetri builders put a malicious public notice in the newspaper saying they lost or misplaced the original agreement for development dated March 11, 1985, and asked for claims. My grandmother replied to via a legal notice on June 15, 2010, and claimed rights on the property," he added.

"The second builder transferred their rights to a third builder, Chintan Enterprises, owned by their relatives. They forged documents which showed their own families as five tenants." "Chintan Enterprises made a deed of conveyance dated September 16, 2010, with Dr Namjoshi and his wife Dr Masooma, who own CritiCare Hospital," Deshmukh added. The doctors too put a notice asking for claimants of the land, to which Khatoon responded, but the response was allegedly ignored.

Until 2010, the family was hoping for the building to finally get built on their land. However, as the construction of the hospital began, their legal hardships started too. They filed a case in the civil court, which is still pending.

"My grandmother ran from police to BMC and approached several lawyers. No one did their work. As a college student, I used to accompany her to courts and saw how some lawyers gave false promises and never showed up for hearings. After I passed my HSC, I decided I will become a lawyer and fight the case," Deshmukh said. Deshmukh's grandmother passed away on July 15 this year, without getting her home back.

Builder speaks

While the owner of Nil Ratna builders has died, Raju Naik, who owned Om Trinetri, bought the development rights of plot number 15 and 16 from Nil Ratna. He told mid-day, "The total area was 9,000 sqft. I was initially told that there are 13 tenants to be accommodated. But at the time of registration, 26 tenants came forward. They did not include Deshmukh's family."

"A 7,500 sqft area was developed and 26 tenants were accommodated. Since it was difficult to develop the remaining plot, its TDR (Transferable Development Rights) was taken and sold to those who developed CritiCare Hospital," Naik added.

"I have the development rights of the plot where the complainant resides today. I would like to help them get justice," Naik said. Dr Namjoshi of CritiCare said, "I am not a developer. I purchased the plot. The dispute is between the developer and the complainant. I have nothing to do with this." "I am being blackmailed as I am the occupier. The procedure regarding tenants was completed in 2008 and I was given the plot after development in 2010," Dr Namjoshi added.

Deshmukh, on the other hand, concluded, "Unfortunately, my grandmother died a few months ago. I could not get her justice. But as I was laying her to rest, I vowed that our family would have her dream house soon."

Nov 13

Day in 1993 Advocate Kaashif was born

July 15

Day this year Kaashif's grandmother died

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