The Bombay High Court has refused to grant any relief to Sanjay Gejge, who isclaiming the right on the arts antiques and coins of late photographer,art collector and numismatist, Lance Dane as his adopted son.
After Dane passed away in May 2012, Gejge approached the court challenging order of Mumbai City Collector issuedin 2013, directing Mahim police to seize the art work, antiques and other things and give it to the Hinduja Foundation. A division bench of Justice S C Dharmadhikari and Justice B PColabawala after going through the pleadings said,"The petitioner willhave to adopt appropriate remedies and only upon a declaration in his favour that he is an adopted son and he is a rightful claimant of the movable, immovable property and estate of the deceased or has a share therein. Till then, it will be not possible for us (court) to holdthat he is in lawful possession of any of these antiquities and art treasures."Advocate Sahil Mahajan who has been appearing for Gejge in the court said, "Order of September 26, 2013, by Collector, enables Hinduja Foundation to take over these precious antiquities and treasures. It was never the intent of deceased Lance Dane to allow the said foundation to take over these articles/antiquities and treasures. Moreover, the Collector's order would prejudice his claim that as an adopted son of said Lance Dane, he has every right to preserve and possess all these antiques and treasures."The Foundation however opposed the petition and disputed Gejge's claim of being the legal heir of Dane. It also claimed that it had entered intoa Memorandum of Understanding (MoU) with Dane who gifted and donated his collection to them. The Archaeological Survey of India (ASI), during the pendency of the petition had called upon the trust for registration of the antiques. It has asked the trust to furnish documents such as ownership deed or agreement, so that competent authority particularly the Archaeological Survey of India can take appropriate steps and measures.
To which the court said "We clarify that any measures or steps taken under Antiquities and Art Act, will not in any manner prejudice theclaim of Gejge which he seeks to canvas and press in the appropriate proceedings before the appropriate forum or competent authoritiesunder law and equally the trust would have to abide by such declaration subject of course to its legal right and contentions."
A British Army officer, Lance Dane, had the hobby of collecting the old coins, sculpture, painting, epigraph or other work art. He had collection of various antique pieces, books, and paintings of historical and monetary value. He expired in May 2012 after sufferingfrom several ailments at the Hinduja Hospital in Mahim.
