IT IS RAINING FALSE PROMISES!!!
It appears that after Parsi Times exposed the fake promises of ‘converting Licensee to Tenancy’ and the huge stamp duty involved, the Mehta father-son duo are trying desperately to disprove (or prove) the stamp duty calculations.
IT SEEMS THAT THE SITTING TRUSTEE IS DESPERATELY TRYING TO CONVINCE THE ADMINISTRATION TO CONSIDER 40% AS THE VALUATION INSTEAD OF THE OFFICIAL 60%! WHEN HE WAS INFORMED THAT SUCH CALCULATIONS INVOLVED ‘GREASING OF THE COGS THAT MOVE’, HE WAS CONFOUNDED AND ASKED THE QUESTION, “HOW DO I TELL THE COMMUNITY THAT?”
Simple answer: STOP LYING!
The Big Tenancy Fraud… Being unable to promise housing to the poor, the middle class, the needy and the deserving (since their policy of selling houses has been exposed), the three Trustees decided to go nuclear.
“We shall convert all licenses to tenancy,” they screamed!
This is the WhatsApp message that the Tricky-Three put out before a gullible community:
Dear Community Members,
At our Board meeting of Monday February 21, 2022, Chairman Armaity Tirandaz, Trustee Xerxes Dastur & Trustee Viraf Mehta passed a resolution to grant a Licensee of a residential premises of the BPP, who is lawfully in occupation and in respect of whom no legal proceedings have been initiated (including any legal notice or contentious correspondence), the option to apply to the Trustees to convert such Leave and License Agreement into a monthly contractual tenancy, subject to completion of legal formalities.
The above item was pending on our agenda for the last 6 months. We were asked to get a legal opinion before we took this forward to safeguard the Trust.
On Monday, Feb 21 2022, we tabled a legal opinion from Solicitor Jehangir Mistry, Senior Partner at the renowned firm of Mulla & Mulla & Craigie Blunt and Caroe, confirming that the Trustees of the BPP are within their legal right to convert a Leave and License of a resident of such premises to a monthly contractual tenancy with no legal ramifications to the Trust, by following the legal process to be prescribed including payment of stamp duty and registration charges and the execution and registration of a Contractual Tenancy Agreement.
By way of this resolution, all BPP beneficiaries will be treated equally without fear of peremptory eviction with protection under the Rent Control Act.
The SOPs towards converting lawful licenses to tenancies is being worked on by the BPP and the same shall be shared shortly.
Additional tax and audit clarifications are being sought especially in cases where Licensees, given the option to convert to a monthly contractual tenancy, have paid a deposit.
We shall endeavor to keep you updated on further developments in this matter.
Regards,
Chairman Armaity Tirandaz
Trustee Xerxes Dastur
Trustee Viraf Mehta
The reality, however, is different… VERY, VERY DIFFERENT!
The following excerpts are quoted from the Minutes of the BPP Board Meeting held on 21st February, 2022, highlighting how Trustee Viraf Mehta wishes to dangle the ‘Converting Leave & License Agreements to Tenancy’ carrot and fool the gullible community members, at the fag end of his tenure, just before the elections – to secure some votes, yet again on false promises…
“Mr. Randeria wanted clarification whether this Board during the end of the term are in a position to discuss and decide on a major policy decision at this stage and to pass a Resolution for the same. Mr. Dadrawala supported Mr. Randeria stating that a Resolution cannot be passed in such a major issue by just passing a few papers. We as a Board at present are not entitled to take any such decision as we are on our way out. Mr. Randeria wanted Chairman Mrs. Tirandaz and Mr. Dastur to give their say in the matter.
Mr. Randeria reminded Mrs. Tirandaz that in today’s earlier discussion on a particular subject Mrs. Tirandaz herself had stated that how can we decide at this stage as we are on our way out but now wants to decide on a major policy.
(Viraf Mehta said) Let us just start some discussion, the implementation and procedures to be followed would be discussed later.
Mr. Randeria and Mr. Dadrawala were not agreeable to the discussions taking place dissented in the matter and left the Meeting.
Mrs. Tirandaz informed that she was willing for a healthy discussion. Mr. Dastur was of the opinion that since we have committed before Justice Kathawalla that we the outgoing Trustees would work as usual until the end of the term but would not make any major policy decisions. Therefore, we can start discussions on the matter but no final decision can be taken at present that to taking into consideration the opinion of our legal team, Auditors and Tax Consultants. Mr. Mehta stated that there is no restriction on discussing the matter today.
Mr. Dastur clarified that it be taken on record that only discussions be held and not a final decision. The discussions and opinions expressed would also be subject to changes after consultation with our legal team, Auditors, Tax Consultants and others and subject to all other formalities legally required.”
Dear Community member – you need to note the following:
- Armaity Tirandaz says she is willing for a “healthy discussion”
- Xerxes Dastur records the commitment made in the High Court before Justice Kathawalla and says, “… we the outgoing Trustees would work… and Tax Consultants”
- Viraf Mehta says “…there is no ‘restriction’ on discussing that matter today.
- Dastur then says “…Dastur clarified… …all other formalities legally required”
AND IMMEDIATELY THEREAFTER THEY PASS THE RESOLUTION……BUT IT IS A CONDITIONAL RESOLUTION!
“The present Trustees namely Mrs. Tirandaz, Mr. Mehta and Mr. Dastur passed the undermentioned Resolution.
RESOLVED THAT every Licensee of the BPP of residential premises who is lawfully in occupation and in respect of whom no legal proceedings have been initiated (including any legal notice or contentious correspondence), subject to the BPP receiving legal and tax opinions and confirmation, be given an option to apply to convert his leave and license arrangement into being a monthly contractual tenant of such premises, by following the legal process to be prescribed including payment of stamp duty, registration and their statutory charges as also the consent to convert the interest free refundable security deposit into a deemed donation to the Trust, and upon the valid exercise of such option, such licensee will become a monthly contractual tenant of the Trust, subject to completion of legal, tax and audit formalities.”
The resolution records “…..subject to the BPP receiving legal and tax opinions!
Remember they started with a “legal opinion” of Jehangir Mistry and ended the discussion saying “subject to CHANGES after consultation with our legal team! So much for the “legal opinion”!
PANTHAKI BAUG AND THE OFTEN-PROMISED AGIARY:
Recently Panthaki Baug residents were once again promised an ‘Agiary’ by Dinshaw Mehta.
Since two decades, this promise of an ‘Agiary’ in Panthaki Baug has surfaced every time there’s an election around the corner.
In Panthaki Baug the BPP has given an undertaking to the High Court that they will build 300 houses for the poor and needy. This undertaking has been forgotten!
The BPP Trustees, way back in the past, had also given an undertaking to allow the DP road to cut through Panthaki Baug – forgotten but pending like a sword over the head of Panthaki Baug residents. Till a few years ago, that was the election plank for those who wanted your vote.
Now that they are ‘selling’ almost all available flats. The usual slogans of “housing the needy of the community” and “wiping the tears from every eye” have fallen through…
So, it is time for ‘tenancy’ and ‘Agiary’.
Open your umbrellas friends, lest you be drowned in false promises!
EVEN AS HOSI AND PESI ARE WAITING, THE THREE TRUSTEES “DISCUSS” GIVING A BPP HOUSE TO MR. PARMAR…….
On 21st February, 2022, Trustees Noshir Dadrawala and Kersi Randeria left the BPP Board meeting midway, when they were told that the unholy “majority trustees” intended that the “political stunt” of promising tenancy was to be “discussed” urgently (Next day was the High Court hearing).
And after they left, the “majority” trustees met one Mr. Shaktipratap Parmar, husband of Ms. Wadia, who after her demise, continued to stay in their flat in Khareghat Colony.
The minutes record that on “humanitarian” grounds, the Trustees proposed to Mr. Parmar, a BPP flat in Borivali.
Fortunately, the flat was already allotted to a Parsi family and BPP property was saved – by accident and not by design.
Oh, if only the same “humanitarian” approach was taken for our very own old Mr. Rusi and the homeless Alamai!?
(For the record – the “majority Trustees have not passed any resolution to recover the FOUR ROOM + KITCHEN Khareghat Colony flat).
Good luck to our dear gullible community members! May God bless you… and may someone look at you and your plight sympathetically on “humanitarian grounds” too!
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