Filmmaker’s son drags brother to court for access to mom

MUMBAI: Eight years after the death of celebrated filmmaker Shakti Samanta, his widow told a Judge that she chooses to stay with her younger son, after the elder one dragged him to

Bombay high court

.

Elder son Ashim (62) claimed before the court on Friday that his brother Samir (60) has held their

mother

, Nilima Samanta (86), “captive” at Meera Baug, a bungalow in Santacruz, and has denied him access to her. The court did not grant him interim relief and directed the

brothers

to amicably resolve their issues.

He moved the high court on December 20 for “urgent relief”. Justice S J Kathawalla heard counsels Nusrat Shah on Ashim’s behalf and Shyam Kapadia on Samir’s on December 21.

As Shah argued that Samir be restrained from preventing Ashim access, Kapadia objected, denying the very allegations. Justice Kathawalla then directed that the mother be brought to his chamber the next day —the last day before the court broke for the Christmas vacation. The three then appeared before the Judge who heard them well past court hours.

Samanta, born in West Bengal, started his career in 1947. He produced his first Hindi feature film, Howrah Bridge, starring Ashok Kumar, under the banner Shri Shakti Films. He went on to make almost 40 films under the banner, including hits such as Kashmir Ki Kali in 1964, An Evening in Paris in 1967 and Aradhana in 1969. He won the coveted Filmfare awards twice. He passed away in April 2009, leaving behind a 1998 will caught in

dispute

.

Ashim, as “sole executor” named in the will, had moved the high court in 2009 to have it probated. In 2013, his plea was converted into a dispute though, following a challenge to the will by Samir. The dispute is still pending.

Ashim said he and his family reside in the eastern side of the bungalow and Samir and mother stay in the western wing and that he be allowed to visit her there. Ashim’s suit filed this month through advocate Samaa Shah alleges that Samir had got their mother to “gift him the Santacruz bungalow to deprive him (Ashim) and his family of the property”. He wants the court to declare that the Santacruz

property

was self-acquired by his father. The will stated that Samanta’s “wife owns 13, Meera Baug Bungalow in Santacruz, West” purchased in 1957 from funds he supplied while an adjoining plot was bought by her through her funds. Together, the plots total over 10,000 square feet. Samir’s lawyers denied the allegations.

Justice Kathawalla observed that the mother was “initially reluctant to say anything against her sons’’ but “when the matter was discussed and the brothers made allegations against each other, the mother did not hesitate in openly showing her resentment against Plaintiff No 1(Ashim) and repeatedly stated that he is not bothered about anybody.’’ “When a question was put to her whether she wants to continue her stay with Samir, her answer was 100%,” said the order. Based on her reply, the HC said Ashim’s allegations that he is wrongly denied access to her, can’t be accepted. Justice Kathawalla told the brothers to amicably resolve the matter. The case will be heard on January 15.


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