Legal Caveat Filed By Parsi Beneficiary Halts Proposed Sale Of Heritage Dadi House In Mumbai's Fort District
· Free Press Journal
Mumbai: The proposed sale of Dadi House, a prime heritage property located in the historic Fort district, has encountered a legal roadblock.
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Caveat names BPP trustees including Viraf Mehta & Armaity Tirandaz
Khushru Zaiwala, a lawyer and beneficiary of the Bombay Parsi Punchayet (BPP), has filed a formal caveat before the Charity Commissioner of Mumbai to stall any "prejudicial" transactions involving the estate.
The caveat, filed under Section 148A of the Code of Civil Procedure, names the seven current trustees of the BPP, including Chairman Viraf Mehta and senior trustee Armaity Tirandaz. This legal move follows reports that the Trust is seeking permission under the Maharashtra Public Trusts Act, 1950, to alienate or redevelop the property.
Alleges 'secret or hasty' sale would harm community rights
In his application, Zaiwala said that as a beneficiary, he has a direct interest in the administration of the BPP’s immovable assets. He contends that any "secret or hasty" sale of Dadi House would adversely affect the rights of the Parsi community.
The caveat states: "The Caveator has reason to believe that the Trustees... are contemplating or may file an application seeking permission... for the sale [or] disposal of the said property."
Adds new chapter to debate over Parsi trust property monetisation
The filing further submits that such a transaction may not align with the legal principles governing public trusts and could be "prejudicial to the interests of the beneficiaries."
Consequently, Zaiwala has demanded a mandatory hearing before any orders are passed by the Charity Commissioner. The caveat specifically requests the authority to register the Caveat to ensure no orders regarding the sale, transfer, or redevelopment of Dadi House are issued without prior notice to the objector. The document also asks for the grant of the right of audience to the Caveator to formally oppose any such application.
This development adds a new chapter to the ongoing debate about the management of Parsi trust properties. Community members are increasingly demanding transparency regarding the "monetisation" of heritage trust properties in South Mumbai.
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In its defence, the BPP explained that the building has been classified as a ‘C-1’ structure by the Brihanmumbai Municipal Corporation (BMC), indicating that the property is in a dangerous condition and beyond repair.
When asked by this newspaper whether the BPP intends to challenge the caveat, Chairman Viraf Mehta responded: "No. I don’t believe we intend to as yet."
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