2 groups vie to conduct last rites of woman who died alone in Rs 2cr flat
Rebecca Samervel | TNN | Updated: Mar 17, 2019, 05:38 IST
The Santacruz building where Basil Rodricks livedMUMBAI: The neighbours of an 85-year-old partially visually-impaired woman who lived alone learnt of her death when a strong stench began emanating from her Santacruz (West) flat less than two months ago. The drama was only beginning: a “caretaker” and a church group turned up to claim the body of Basil Rodricks and perform the last rites.
The caretaker moved the Bombay high court to push his case, saying he had been looking after Rodricks for nine years. The church group intervened, calling his intentions mala fide and driven by greed to usurp her Rs 2 crore flat, which he claimed to have purchased for just Rs 7 lakh five years ago.
The group said it is seeking to protect the rights of Rodricks’ relatives and legal heir, believed to be in the UK.
On Friday, the court allowed both the caretaker, Khalid Kalandan, and the church group to perform Rodricks’ last rites under the supervision of a senior officer of Santacruz police station. The court said the order was required in the absence of a family and the fact that Rodricks’ body could not be kept in a morgue for an indefinite period.
The court clarified that the caretaker was not entitled to claim any rights on the flat sealed by the police.
“The apprehension of the prosecution is that the petitioner (Kalandan), on the basis of the permission to perform last rites, may claim a right to the flat. We make it clear that the petitioner is permitted to conduct the last rites along with the church only on humanitarian grounds and that it will not entitle him to claim any rights to the flat,” said the court.
Rodricks died on January 24, 2019. A post-mortem was conducted after her decomposed body was found by the neighbours. Attempts were made to trace her relatives and, in the interim, her body was kept in a morgue. Police attempted to trace her brother who lives in the UK.
After Kalandan moved court seeking custody of the body, the church group submitted an intervention plea through advocate Sandeep Sherkhane. The prosecution had submitted that the police be allowed to conduct the last rites.
In the intervention plea, Carmeline Pereira, a church group member, said for more than three decades, members of the Sacred Heart Church organisation had been acquainted with Rodricks and also looked after her. Pereira further contradicted Kalandan’s claims of taking care of Rodricks and said she lived in a miserable and inhumane state. She further stated that while the church members had informed her brother about her death, due to his advanced age, it would take time for the family to travel to India, perform the last rites and also take legal action. Pereira said the alleged sale deed nowhere mentioned Rodricks’ partial visual impairment. She said since Rodricks was 80 then and in a fragile state of health, it was highly improbable that she was in a sound state to execute the sale deed. Pereira sought protection of the rights of Rodricks’ relatives and legal heirs.
The caretaker moved the Bombay high court to push his case, saying he had been looking after Rodricks for nine years. The church group intervened, calling his intentions mala fide and driven by greed to usurp her Rs 2 crore flat, which he claimed to have purchased for just Rs 7 lakh five years ago.
The group said it is seeking to protect the rights of Rodricks’ relatives and legal heir, believed to be in the UK.
On Friday, the court allowed both the caretaker, Khalid Kalandan, and the church group to perform Rodricks’ last rites under the supervision of a senior officer of Santacruz police station. The court said the order was required in the absence of a family and the fact that Rodricks’ body could not be kept in a morgue for an indefinite period.
The court clarified that the caretaker was not entitled to claim any rights on the flat sealed by the police.
“The apprehension of the prosecution is that the petitioner (Kalandan), on the basis of the permission to perform last rites, may claim a right to the flat. We make it clear that the petitioner is permitted to conduct the last rites along with the church only on humanitarian grounds and that it will not entitle him to claim any rights to the flat,” said the court.
Rodricks died on January 24, 2019. A post-mortem was conducted after her decomposed body was found by the neighbours. Attempts were made to trace her relatives and, in the interim, her body was kept in a morgue. Police attempted to trace her brother who lives in the UK.
After Kalandan moved court seeking custody of the body, the church group submitted an intervention plea through advocate Sandeep Sherkhane. The prosecution had submitted that the police be allowed to conduct the last rites.
In the intervention plea, Carmeline Pereira, a church group member, said for more than three decades, members of the Sacred Heart Church organisation had been acquainted with Rodricks and also looked after her. Pereira further contradicted Kalandan’s claims of taking care of Rodricks and said she lived in a miserable and inhumane state. She further stated that while the church members had informed her brother about her death, due to his advanced age, it would take time for the family to travel to India, perform the last rites and also take legal action. Pereira said the alleged sale deed nowhere mentioned Rodricks’ partial visual impairment. She said since Rodricks was 80 then and in a fragile state of health, it was highly improbable that she was in a sound state to execute the sale deed. Pereira sought protection of the rights of Rodricks’ relatives and legal heirs.
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