BY SAM ALFAN.
The family of fallen city tycoon Ramniklal Virpal Patani has failed to reclaim Sh100million property that was co-owned by his two brothers, Dhiraj and Mansukhlal and was eventually sold to a private housing development firm eight years ago.
The Court of Appeal has dismissed the claim on two pieces of land along Nairobi’s Lenana Road that was made by the widow, son and daughter of the late Ramniklal- Ashit, Selana and Ramaben- and ruled that it was legitimately owned by Dhiraj Patani.
Justices Philip Waki, Roselyne Nambuye and Patrick Kiage upheld the decision made on July 24, 2014 by High Court Judge Pauline Namweya dismissing the claim by the trio on the basis that the late Ramniklal, who died on June 6, 2006, had bequeathed them the property in his Will made in 1995.
Dhiraj, the late Ramniklal and their third brother, Mansukhlal who died in 1994m had purchased the disputed property as joint owners in 1970. They had similarly bought four other prime properties in the upmarket Kilimani suburb but two of them were auctioned by banks over non-payment of loans.
The aggrieved family members had claimed the late Ramniklal had appointed them joint executors of three properties and they had successfully secured a grant of probate on January 5, 2007 that was confirmed on October 30, 2007. They said they heard rumors in November 2009 that Dhiraj intended to sell the disputed property.
They had attempted to file a caveat stopping the sale and transfer of the property, which was rejected in December 2009 since it had already been transferred to Aziz Developers Ltd for a consideration of Sh100million. They wanted the transaction nullified on the basis of fraud since the conveyance was alleged signed by the late Ramniklal in 2008 after his death two years earlier.
However, Dhiraj had explained that the properties jointly owned by the three brothers were shared out in 1988 by mutual agreement dated February 14, 1985. Subsequently, his two brothers assigned the disputed property to him in 1992.
The businessman said he had transferred half of his interest to his wife Vijya on May 28, 2008 and they jointly sold the property that was registered in the name of Aziz Developers Ltd on October 14, 2009. The couple was justified in selling the property, the Court of Appeal declared.
NairobiTimez has obtained a letter addressed to the Chief Justice David Maraga by Mr Ashit Patani on 16th of May 2017 which is stamped as received by the chief justice.
Mr Patani in his letter, he is requesting the chief justice to have the file checked again so he doesn’t suffer injustice again.
“The above two cases refer two property which was fraudulently sold by my uncle in 2008 when my father Mr Ramniklal Virpal Patani and my uncle Mansukhal Virpal Patani had already left this world and the title was in their three brothers as tenants in common . Kindly see attached herewith the following –
(!) The relevant conveyancing documents which were drawn by unqualified lawyer transferring the property from the two brothers namely Ramniklal and Mansukhalto Dhirajlal” part of the letter reads.
