Custodian of Enemy Property for india

For long major property dispute has not been settled and owner has been running the long battle to release such property. Recently A legal notice brought into picture where legal owner has been came across that property kishori court at Worli Mumbai having many fake claim so establish owner claim Mr. Shamim Ahmad  S/o Late Quadeer Ahmad has issued a recent notice granted by court.

Please see below the notice it will make the all concern party aware who the actuall owner of the property is.

To

Custodian of Enemy Property for india

Ballard Estate, Mumbai – 1

Sub :   Reminder for getting the property known as “KISHORI COURT” situated at            Khan Abdul Gaffer Khan Road, Worli, Mumbai, free from the illegal          possession, Control and Management of the Custodian of Enemy Property,           bearing file No. 5(58) Pak 1897, which is actually not an Enemy Property as    per finding of the Bombay High Court as well as the Apex Court.

Sir,

            With reference to the above noted subject  the applicant has already moved several applications including the previous one of dated 06-05-2010 annexing all the relevant/supporting documents which was forwarded to you by The Under Secretary, Rehabilitation and Enemy Property, Jaiselmer  House, New Delhi vide its D.O  letter No. 36/37/-2010/E-P Dt. 10-05-2010 and the applicant himself made the copy of the said application received in your office on 13-05-2010 which seems to be kept in abeyance as no decision has yet been taken on it and the same is still pending with you for disposal.

            It is pertinent to mention here that the applicant is the only beneficiary of the aforesaid property by virtue of Power of Attorney and Hibanama (Oral gift) both of dated 12-08-1997 executed by Hamidulla @ Tonyulla @ Gorge the only son of Hamida Begam who was neither  held  the enemy subject nor the aforesaid property was held enemy property as per the judgment of Hon’ble Bombay High Court in  Writ Petition No. 790/1969 and In Special Appeal No. 108 and 124 of 1995 decided on 25-02-1975 and 16/17.02.1979. The said Power of Attorney and Hibanama which was  executed by Hamidulla @ Tonyulla in the capacity of his Indian national as he was born, brought up and educated in india and his father was an Indian Citizen and considering his status as an Indian national who never renounced the Indian nationality the High Court of Bombay granted a letter of administration on 20.04.1992 deciding the petition No. 670 of 1989 in its testamentary and Intestate Jurisdiction as such he was empowered  to gift the aforesaid property which was gifted by Hibanama dated 12.08.1997 to Applicant and a Power of Attorney was also executed on the same day in his favour and same have never been challenged in any Court of Law, thus the applicant is the only beneficiary of the aforesaid property and entitle to get the property released from the custodian  in his favour as the said property is not an Enemy Property.

            Therefore you are once again requested by this reminder which may be treated as part of the previous application dated 06.05.2010, to dispose of the same by taking of the illegal effect, control and possession over the aforesaid property in accordance with law, with reasoned and speaking order, forthwith, as the applicant is suffering a lot.

Dated : 29.06.2010                                                Your faithfully

(Shamim Ahmad)

S/o Late Quadeer Ahmad

R/o 12/228, Gwaltoli,

Kanpur Nagar (U.P.)

Encl : Copy of application dt. 06.05.2010

Copy to :

1.      Hon’ble Minister for Home Affairs

Home Ministry, Govt of India

New Delhi.

2.      The Joint Secretary

Freedom Fighter Rehabilitation

Ministry of Home Affairs

Lok Nayak Bhawan. New Delhi.

3.      The Under Secretary,

Rehabilitation and Enemy Property,

Jaiselmer House, Man Singh Road,

New Delhi.

PUBLIC NOTICE (Corrigendum)

Reference :   Kishori Court, Plot No. 2, (Sea Face) Admeasuring 1650 Sq. Yds.                          Constructed Double Storied four flats Building and Out Houses                               situated at Maulana Abdul Gaffar Khan Road, Worli, Mumbai.

 Public in General are hereby known that I Shamim Ahmad, S/o Late Quadeer Ahmad R/o 12/228, Gwaltoli, Kanpur Nagar (U.P.) is the legal beneficiary/ owner of the property known as Kishori Court, Plot No. 2, (Sea Face) Admeasuring 1650 Sq. Yds. Constructed Double Storied four flats Building and Out Houses situated at Maulana Abdul Gaffar Khan Road, Worli, Mumbai, by virtue of General Power of Attorney dated 12-08-1997 as well as Hibanama (Oral Gift) dated 12-08-1997 executed by its previous beneficiary/owner as such on the basis of the same the legal process is going on for getting the said property released from the Custodian of Enemy Property as the same has been held by the Hon’ble High Court of Bombay  as well as by the Apex Court not an Enemy Property, and said Power of Attorney and Hibanama has been used in  the Court and in the concerned Govt. Authorities which is a part of record.

            It is also made known to the general public that the power given to certain persons by me in recent past for getting the said property released from the custodian are hereby taken back/revoked as they remained failure to turn of properly within stipulated time as no initiatives have been taken by any one for releasing  the said property from the custodian and now I myself have started due process of law for getting the said property released from the custodian of Enemy Property and the process for its release is going on and the matter is pending with the concerned govt. departments for deposal.

            It is also made know to the public in general that many persons are mischieving with malafide intention by cheating/ playing frauds, by  disguising themselves embodying the form and replica of Hamidulla @ Tonyulla  the previous beneficiary/ owner of the said property who has nothing to do with matter.

            If any one enter into any agreement with the said forged Hamidulla @ Tonyulla  or any other forged person with regard to the aforesaid property, he will himself be liable for the same.

            The public in general and the builders/property brokers of Mumbai in particular are requested to bring to my knowledge or to the knowledge of  mysolicitor/ counsel namely  Syed Imtiyaz Ali, Advocate, Supreme Court of India, (Press Lounge, Supreme Court, New Delhi.)  the whereabout of the said forged Hamidulla @ Tonyulla, so that his substantiality/ geniuses/ bonafideness could be tested and on finding contrary, he could strictly be dealt and prosecuted as per the provision of criminal law.

Dated : 29.06.2010                                      Your faithfully

(Shamim Ahmad)

S/o Late Quadeer Ahmad

R/o 12/228, Gwaltoli,                   

Kanpur Nagar (U.P.)                   

Mob. 09839001231

09956102786