BY R.P.A.D.
To,
Date:
1) The Sub-Registrar of Assurances, Diu,
Add-
2) The Concerned Officer, City Survey, Diu.
Add-
3) The Municipal Council, Diu.
Add-
4) Mrs. Ambika Purushottam Kharwa
5) Mrs. Bhavika Dipakkumar Baria
Nee_________________
6) Mr. Sandip Solanki
Add-
SUBJECT:- LEGAL NOTICE FOR RESTRAINING MRS.
AMBIKA PURUSHOTTAM KHARWA FROM
TRANSFERRING OR DISPOSING OFF THE
CONCERNED PROPERTIES AND ASSERTION
OF RIGHTS OF MRS. RAJESHWARI
BHAVESH SOLANKI NEE RAJESHWARI
PURUSHOTTAM KHARWA:
REF: MY LETTER DATED _________ RECEIVED BY
YOUR RESPECTIVE OFFICES ON _________.
Sir/Madam (s),
Under the instructions and on behalf of my client Mrs. Rajeshwari
Bhavesh Solanki Nee Rajeshwari Purushottam Kharwa, residing at-
House No – 161, Foman Nagar, Vetal Pada, Near Jagruti Brass Band,
Khar Dandpada, Khar (W), Mumbai- 400 052 and without prejudice to
her rights and contentions, I have to address you as under:-
1. My client states that, she is one of the daughters of Mr.
Purushottam Harmat Kharwa and Mrs. Ambika Purushottam
Kharwa i.e., the Noticee No. 4. My client also states that, she has
3 real elder sisters named 1) Mrs. Roshni Dilip Kharwa Nee
_________, 2) Mrs. Bhavika Dipakkumar Baria Nee_______ i.e.,
the Noticee No. 5 & 3) Ms. Komal Purushottam Kharwa.
2. My client further states that, her late grandfather named Harmat
Bhikha was the owner of property viz., New survey No. 47/250,
admeasuring about 30 sq. meters, situated at- Kajiman, Patel no
Choro, Ghogla, Diu- 362520 which he had purchased from one Mr.
Kan Karsan (hereinafter referred to as the said property).
3. My client states that, after the demise of her grandfather and her
grandmother named Mrs. Laxmi Harmat Kharwa, the said property
was transferred in the name of her father named Mr. Purushottam
Harmat Kharwa.
4. My client further states that, the said Mr. Purushottam Harmat
Kharwa expired on or about 21/04/2017, leaving my client, her
mother and sisters as his legal heirs to succeed their right, title,
interest, share in accordance with the Hindu Succession Act in
respect of the said property.
5. My client states that, from reliable sources she has learnt that the
Noticee No. 4 i.e., her mother named Mrs. Ambika Purushottam
Kharwa and the Noticee No. 5 i.e., her elder sister named Mrs.
Bhavika Dipakkumar Baria are trying to grab the said property by
indulging in the process of transferring/dispossessing of the same
to the Noticee No. 6 by suppressing the true and material facts of
rights invested in my client and her other 2 sisters and without
obtain necessary consent from us.
6. My client also states that, she had already intimated your
respective good offices vide her letter dated _____________ so as
to enable you to seek necessary action against them but all in
vain, however, my client has now learnt that the Noticee Nos. 4 &
5 are on the verge of getting the said property dispose off in favour
of the Noticee No. 6 on urgent basis so as to prevent my client
from claiming her right, title and interest in the said property.
7. My client also states that, she has instructed me advert to the
Noticee Nos. 1-3 that if any communication as may be received
from Noticee Nos. 4 & 5 in connection with transmission/disposing
of the said property, the same shall not be entertained, unless the
intention of the same is addressed to my client and her written
consent is obtained thereto.
8. My client states that, she further instructed me to advert to the
Noticee No. 6 who appears to be purchaser of the said property
that if the said property is purchased without obtaining the written
consent of my client and her other sister, the same shall be void
under the relevant provisions of law.
9. In view of the above the circumstances, my client has instructed
me to call upon you the Noticee Nos. 4 & 5 to keep their hands
away from transferring/disposing of the said property without
obtaining the written consent of my client and further you the
Noticee No. 4 is called upon to include my client’s and her other
sisters name jointly in the said property so as to protect their
interest within 15 days from the receipt of the present notice failing
which I have preemptory instructions to avail legal remedies as
contemplated under the Criminal and/or Civil law as may be
applicable, at your risk as to cost and consequences which you
please note seriously.
[Link] the meanwhile, it may be noted that nothing mentioned shall be
deemed and construed to have been admitted by my client unless
the same has been specifically admitted by her.
Upon our instructions Yours Faithfully,
Mrs. Rajeshwari B. Solanki
Nee Rajeshwari Purshottam Kharwa Advocate, High Court