MUMBAI: The Bombay High Court has annulled a probate granted eight years ago concerning the landmark ‘Marina Manor’ bungalow in Bandra, valued at over Rs 600 crore. The court determined that the probate was secured through the concealment of important facts and false statements regarding the deceased’s family.
This ruling, issued on December 11 by Justice Sharmila U Deshmukh, followed a petition filed under Section 263 of the Indian Succession Act. The court revoked the probate initially granted in November 2017 to Marina Manuel Fernandes for a will dated November 8, 2014, allegedly belonging to Marie Joseph Fernandes, who died on January 1, 2015.
Advocate Sunita Banis led the case, arguing that the late Fernandes’ first cousin and rightful heir was not notified or included in the prior probate proceedings. Banis presented extensive documentation, including family tree records and a 1984 testamentary petition filed by the deceased, highlighting the deliberate omission of legal heirs such as petitioner Marion Crasto. The court agreed, marking the 2017 probate as obtained through misrepresentation and the suppression of critical facts. Justice Deshmukh stressed that even unintentional ignorance of other heirs does not exempt anyone from providing accurate information to the court.
“The failure to notify rightful heirs is a valid reason to cancel a probate under the law,” Justice Deshmukh stated. The court instructed Marina Fernandes to return the original probate to the prothonotary and senior master by December 19, with verification set for December 22.
The case took a pivotal turn when evidence suggested that the contested 2014 will was executed just days before Marie Fernandes’ death, while she was bedridden and mentally unfit following a paralytic stroke in 2011. Although Dr. Sushil Tandel, her neurologist at Holy Family Hospital, was treating her, another doctor, Dr. Ajay P Keni, provided a medical certificate asserting her mental competence.
Consequent to these findings, a criminal complaint was filed by social activist Melwyn Fernandes through Banis against Marina Manuel and six others for offenses including forgery and cheating. While most defendants appeared in court, Dr. Keni did not, resulting in an arrest warrant. In July 2024, Banis uncovered that another probate for the same property was granted to Tarique Aziz Vakil Ahmed Reshamwala, even as the previous probate remained contested. She lodged a formal complaint with the chief justice of the high court, pointing out possible inconsistencies in the probate process.
The situation escalated when Marina Fernandes reportedly continued to manage the property despite a stay order issued on February 6, 2023. A contempt petition filed by Banis on behalf of the petitioner is currently pending, with the next hearing scheduled for January 7, 2026. Mumbai Mirror has been diligently following this complex case, revealing procedural irregularities and fraudulent transfers connected to the property.
An earlier will dated November 8, 2014, surfaced in 2019, claiming to have been authored by the late Marie Joseph in favor of Marina Manuel. However, it was established that by that time, Marie was already suffering the effects of a paralytic stroke from 2011, which incapacitated her from signing documents. She had resorted to using her thumbprint for signature purposes and was under ongoing treatment from neurologist Dr. Sushil Tandel at Holy Family Hospital, Bandra.
