Mega Godrej land deal challenged under provisions in Muslim law

Nagpur: The Rs 227-crore land deal by Godrej Properties, said to be among the biggest realty purchases in Nagpur, has been challenged in the court on the basis of provisions in the Muslim personal law.
The land parcel of 58 acres at Ghogali village near Besa was purchased by the company from one Agrawal family this year. The Agrawals had purchased the land from the Abdul family in 1988. Prior to the sale, the Abduls had partitioned the entire holding between the brothers and a widow. Soon after the partition, the land by each of the individual was sold to the Agrawals.
Now, as the company has begun marketing for plots in the land, an injunction has been filed in the civil court.
According to the suit, the very deal with Godrej does not stand because the sale between the Abduls and the Agrawals is bad in law. The matter would be heard on December 21. There are eighteen respondents in the case. The plaintiffs have issued a public notice regarding the matter.
The land was partitioned between brothers Abdul Rauf, Abdul Mateen their sister Afzal Begum and Khairunisa, the widow of the late Abdul Wahab, one of the brothers. As per the suit filed, Khairunisa, now dead, was a Purdanashin (veiled) woman, who according to law is not a competent person to enter into a contract. This on the grounds that lack of exposure of the world of such women who remain behind the veil can hamper their decision making ability.
The suit also points out that Khairunisa had also signed the deed on behalf of her six children. Out of these, two had attained majority and yet Khairunisa had signed on their behalf declaring them as minors. This amounts to a fraud and can attract criminal action.
The suit also cites another provision of the Muslim law that a mother cannot be a natural guardian of minor children. According to the law, the minors can be represented by the father or any person appointed by the father of the father. In case of absence, the mother has to first get an endorsal of the court to act as the natural guardian of her minor children. Here, Khairunisa had not obtained any such permission from the court. Moreover even decisions related to properties cannot be taken without the court’s permission.
The entire deal is now being challenged on the grounds that the agreement by Khairunisa itself was invalid.
The case has been filed by the children who are now adults and in their forties. Aniruddha Deo, who represents them, refused to comment, saying, the matter is sub-judice.
Harsh Agrawal, who is from the second generation of the Agrawal family, has countered the claims. He told TOI that the company had done a thorough due diligence before entering into the deal and it has been found that the title is entirely clear.
Meanwhile, responding to TOI query, a Godrej Properties spokesperson said the company has not received any notice related to the legal proceedings concerning the land. “The company reserves its right to comment. We have acquired the property from the Agrawal family who were the owners for well over 30 years prior to our acquisition. Any such claims by individuals are frivolous and will be defended as per law. The company has carried out all the necessary checks before acquiring the land,” said the spokesperson.