Dec 25, 2016 News
Daughter moves to file appeal over High Court ruling
Given her dissatisfaction over the recent development in a legal battle for her father’s property, New York-based Guyanese, Sherene Mongroo, is now taking steps to file an action of appeal.
Mongroo is the daughter of the late businessman, Yusuf Mongroo, proprietor of Horseshoe Racing Service located at Commerce and Longden Streets, Georgetown.
In 2010, Mongroo, of New York was granted permission by the court to intervene in the matter between Sasedai Kumari Persaud (respondent) a paid employee holding a supervisory position at the Horseshoe Racing Service, and Indranie Mulchand who worked as a maid and who later claimed to be the man’s reputed wife.
According to the facts of the case, Sasedai Kumari Persaud, in the contested will and testament, assumed sole ownership, management and control of the Horseshoe Racing Service and the net proceeds of the business apportioned to net to the extent of 55 per cent while the remaining 45 per cent of the net proceeds be appointed to Indranie Mulchand for their sole use and benefit.
Mongroo had filed initial court proceedings after claims by the employees of the Horseshoe Racing Service to control the assets of her dead father. She said that the claim was indeed fraudulent.
She has been suspicious of the fact that her father allegedly bequeathed his multi-million-dollar enterprise to one of his employees and his maid.
Some six years after the fact, the Court ruled in favour of the two defendants Persaud and Mulchand. Earlier this month, Justice Roxanne George ruled that the will presented to the court be probated in solemn form.
The judge also ordered that the Plaintiff, Mongroo pay the two defendants, court costs. The two were awarded a total of $175,000 in court cost.
Sherene Mongroo is now here fighting to recover her father’s properties. But the Plaintiff is dissatisfied with the ruling. She noted that it has been two years since the matter ended.
“I was not even informed about the ruling,” she said.
According to the history of the case, the Horseshoe Racing Service located at Commerce and Longden Streets, Georgetown was owned by 83 year-old Yusuf Mongroo, who also operated similar services in Barbados.
The man died on August 15, 2010 at St. Joseph Mercy Hospital.
A post mortem performed on the body by Dr. Nehaul Singh, the Government Pathologist, found that death was due to Cerebral Edema.
The eldest daughter of the dead businessman, Sherene Mongroo, of New York was granted permission by the court to intervene in the matter between Sasedai Kumari Persaud (respondent) who is a paid employee holding a supervisory position at the Horseshoe Racing Service and Indranie Mulchand who worked as a maid and who later claimed to be the man’s reputed wife.
When he was admitted to St Joseph Mercy Hospital his marital status was single.
According to Sherene, reports disclosed that the first time there was any indication of Indranie Mulchand being the reputed wife was after the post mortem.
Previously a form that was filled out to give consent for a blood transfusion by Indranie Mulchand did not indicate in the line of relationship that she is the common law wife or reputed wife.
Records before the court now show that Ms Mulchand was listed on another occasion as a family friend, in the bracket of nearest relatives.
However two wills have surfaced. An affidavit of the Supreme Court revealed that Sherene Mongroo is alleging that the circumstances surrounding the signing of a will and testament by her father, three days before he died, in the presence of two medical doctors at St Joseph Mercy Hospital is wholly suspicious and most fraudulent although both doctors signed as witnesses to the will.
Sherene Mongroo, who filed the affidavit said that she only heard of her father’s demise by way of a phone call.
Hospital records indicate that Dr. Kumar who is employed at St Joseph Mercy Hospital and also a signatory witness to the will noted that Yusuf Mongroo could not have been compos mentis (sane) or with testamentary capacity when the alleged last will and testament was made.
The other doctor who signed as a witness was Dr. Rohan Jabour who is a pediatrician at St. Joseph Mercy Hospital. The same pair of doctors signed as witness to another will that bequeathed Sasedai Kumari Persaud of 39, Sideline Dam, Middle Road La Penitence the sole executrix and trustee of Mongroo’s estate in Barbados.
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