Mumbai: The Bombay high court has directed the court officials to take control of the bank accounts and property of a man who was living in Hong Kong and was shifted recently to Mumbai by his daughter and son-in-law as he was suffering from dementia.
The court order was prompted after another daughter alleged that the sister, her husband and maidservant had allegedly taken advantage of the father's condition and got his assets running in crores transferred in their name.
A bench of Justice S.J. Kathawalla was hearing the suit proceedings between two sisters wherein one sister on behalf of her father claimed that the other sister had wrongly grabbed the property and cash of the father in connivance with the maidservant who was taking care of the father in Hong Kong as he suffered from dementia.
The plaint filed by the daughter claimed that the other sister, her husband and maidservant had not only siphoned off crores of rupees from the bank account of the father but had shifted him to Mumbai and had got the immovable properties in his name at Hong Kong transferred in the name of the sister through a gift deed.
The sister, however, responded that the father had been brought to Mumbai and was receiving treatment for his ailment at the hands of Dr K.C. Shah, a neurologist at Nanavati Hospital, Mumbai.
After the court questioned the father, who was present in court and ascertained that he was indeed suffering from dementia, it said that for the welfare of the father and his property it was appointing the prothonotary and senior master as next of friend of the man.
The bench also restrained the parties from operating any bank account in the name of the father and also asked them to not transfer or use any property or cash purportedly transferred by the father in the past five years in the form of sale or gift deed.
The bench also directed the managers of State Bank of India and Indian Overseas Bank to provide account details of the maidservant and her next of kin and posted the matter for further hearing on June 6.
HC Says
Court said that for the welfare of the father and his property it was appointing the prothonotary and senior master as next of friend of the man.
The bench also directed the managers of State Bank of India and Indian Overseas Bank to provide account details of the maidservant and her next of kin.
