In the Court of the Civil Judge, S. D.

Pune

Regular Civil Suit No. of 2013

1. Osho Friends Foundation

Through its Managing Trustee
Mr. Yogesh Thakkar, aka Swami Premgeet
Having its office at 1, Anand Park,

368-A, Near Suyojana Society, Koregaon Park

Pune 411001

2- Mr. Yogesh Thakkar aka Swami Premgeet

Age: Adult, Occupation: Business

Residing At: 1, Anand Park,

368-A, Near Suyojana Society,

Koregaon Park Pune 411001.

3- Mr. Kishor Raval Alias Swami Prem Anadi

Age about Adult Occupation Business,

residing at B-3/11,Mira Nagar Park Society,

Koregaon Park Pune 41101 ………PLAINTIFFS

VERSUS

1- Shri. Mukesh Sarda aka Swami Mukesh Bharti

Adult, Occupation Business,

Resident of 50, Koregaon Park, Pune 1

 Email: mukesh@osho.net

2- Mr. Philip Toelkes aka Prem Niren

Adult, Business Residing at 17 Koregaon Park

Pune 411001 Email <toelkes1@gmail.com>

3- Dr. John Andrews aka Amrito

Adult, Business, Resident of 17 Koregaon Park

Pune 411001

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4- Michael Byrne aka Anand Jayesh,

Resident of 17, Koregaon Park Pune 411001

5- Vidya Khubchandani aka Ma Vidya Bharti

Age Adult, Occupation Business

Resident of 17, Koregaon Park Pune 411 001

Email <vidya@osho.net>

6- Neo Sannyas Foundation

608, 6th floor Maker Chambers V

Nariman Point Mumbai 400021 AND

17, Koregaon Park Pune 411001 .......DEFENDANTS

Suit for Declaration and

Injunction Value Rs.2,000/-
 The Plaintiffs above named most respectfully submits as
under –

1. That, Late Shri Osho formally known as Bhagwan Shree

Rajneesh was born in India on 11th December 1931 and
attained Mahaparinirvana (demise) on January 19, 1990 in
His ashram at Koregaon Park, Pune. Osho is an enlightened
master and also known as one of the most revolutionary
thinker / philosopher of our time. He has millions of
disciples and admirers around the world. Osho’s Samadhi is
situated in His ashram at Koregaon Park Pune, India.
2. The plaintiffs submit that at the time of His
Mahaparinirvana, (demise) on 19 January, 1990, Osho left
for His disciples and mankind a colossal legacy as:
 Archive of 9,000 hours of audio discourses/ speeches
in Hindi and English.
 Video Discourses/ speeches of 1,870 hours.
 Transcribed books in Hindi and English – 650 titles,
which are now being translated in 65 languages
around the world.

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 Intellectual property rights (IPR), in digital or any other

forms are made available to the mankind.
 Approximately 850 paintings made by Osho.
 One of the biggest private libraries in the world
containing more than 80,000 books situated in His
ashram at Koregaon Park, Pune
  His Signature arts, original archives, meditation music
and therapies created under His direct guidance.
 The Osho Heritage / Legacy also include His Samadhi
situated in His ashram at Koregaon Park, Pune
411001.
The Osho Legacy is recognized as great spiritual treasures
of India.
For the sake of brevity hereinafter referred to as Osho
Legacy.

3. The plaintiffs submit that this suit is filed against the

Defendants for the Declaration and injunction in respect of
the forged Will of Osho, claimed to be executed on 15th
October 1989 at Pune. This forged will is produced by
defendants # 1, 2, 3 and 4 in June 2013. This forged will is
enclosed to this suit marked as Exhibit - A
4. The plaintiffs submit that the entire Legacy of Osho is in
great danger in the hands of wrongful defendants. Osho
Legacy not only benefits His present disciples but also it
needs to be preserved for the future generations. Hence, a
proper safe custody of Osho’s Legacy has become absolute
necessity. The plaintiffs submit that this Hon’ble Court shall
appoint an administrator or receiver to safeguard Osho’s
Legacy till the pendency of this suit.
5. The Plaintiffs were duly informed and notified by the
interested persons about the court proceedings in June 2013
in European Union (EU) whereby; the forged Will of Osho was
 for the first time was produced by the defendants # 1, 2, 3,
and 4. The said matter is on board at Office for
Harmonizaion in the Internal Market, Avenida de Europa, 4,
-4-
03080 Alicante, Spain. The Witness Statements filed by
defendant No. 2 in this respect is enclosed to this suit
marked as Exhibit - B

6. The plaintiffs submit that in June 2013, after knowing

production of the forged Will, thousands of Osho disciples
who are spread in India and around the world are raising
objections and inclined plaintiffs to save Osho’s Heritage/
Legacy which has now fallen in the hands of wrong persons,
who are defendants herein.
7. The plaintiffs are individuals in their personal capacity as
well as on behalf of Osho Friends Foundation, a trust
registered under provisions of Bombay Public Trust Act,
1950. This trust is an association of disciples of Osho, who
are closely related to Osho, for more than 45 years as Osho’s
working persons such as, His secretaries, Ex- Secretaries,
care takers, meditation camp leaders, therapists and Osho
Meditation Centers. The plaintiffs are Ex- trustees and
‘persons having substantial interests’ in defendant trust # 6
herein Rajneesh Foundation (now known as Neo Sannyas
Foundation) and Osho International Foundation, registered
under the provisions of Bombay Public Trust Act 1950. In
short, the plaintiffs herein are direct beneficiaries of Osho
 Legacy which Osho had entrusted in the said various Public
Charitable Trusts.

8. The plaintiffs have filled Writ Petition No. 1346 of 2012 in the
Hon’ble High Court of Bombay against the defendants
(Except defendant 2), and their trusts. The said petition is
filled in respect to the alienation of the property bearing plot
# 3, admeasuring 5387 sq meters situated in Lane # 1, of
Koregaon Park, Pune. This property valued at Rs.50 Crores
held by the public trust was allegedly transferred by the
defendants, by the way of free Gift to Darshan Turst, New
Delhi. This is to note that this Darshan Trust in New Delhi is

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held by the defendants only, which is situated outside the

state of Maharashtra. The Hon’ble High Court has ruled the
said petition by admitting the same and passed relief orders
restricting defendants in further alienation of the said plot #
3, of Koregaon park, Pune. The orders passed by Hon’ble
Bombay High Court is enclosed to this suit marked as
Exhibit - C
9. The plaintiffs have filled another Writ Petition before Hon’ble
Bombay High Court bearing # 5300/2013 exposing the
alienation of funds and properties of the said trusts for more
than Rs.303.39 Crores ($ 55 million) committed by
defendants (Except defendant # 2 ).As per these two petitions
 various crimes are committed by defendants through Trusts
and Private Companies known as Osho Multimedia and
Resorts Pvt. Ltd. in India. It is evident that the foundation
office bearers / trustees of Public Charitable Trusts and
Directors of said private company are same persons. The
foundation trustees are transferring funds, assets and
benefits of Charitable Trusts in favour of Private Limited
companies in their personal kitty. The plaintiff submits that
this module is implemented by defendants in India and
outside India especially in Switzerland, UK, US, Europe and
Hongkong. This complicated, spider-net like networking is a
vicious design of the defendants spread all over the world.
Thus, the defendants are causing huge frauds in India as
well as abroad. Whereas, due to continuous efforts by
plaintiffs and their colleagues in India and abroad, the
properties and funds of Osho Ashram Trusts are being
protected to some extent. However, some permanent solution
is required to safeguard Osho’s legacy for future generations.
10. The plaintiffs have filed Application under section 41-E
before the Hon’ble Charity Commissioner, Mumbai Region,
against the defendants requesting Hon’ble Charity
Commissioner to investigate alienation of the trust properties
and funds committed by the defendants. The Hon’ble Joint
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Charity Commissioner in the said applications bearing No. 4/

2012 and 5/2012 has issued Ex-parte order against defendant #

3 and 4 who are foreign nationals for refusing to accept court

notices. Exhibit - D

11. The plaintiffs are aggrieved and inclined to file this

suit at the requests and perusal of Osho’s disciples from
around the world. Their support consents are received
through emails and declarations. Hence, it has become
extremely important to save Osho’s legacy falling in to
wrongful defendants # 1, 2, 3 and 4. Therefore, the plaintiffs
have locus standi to file this Suit.

12. The plaintiffs submit that the forged Will of Osho is

produced by Defendant # 1, 2, 3 and 4 in June 2013 for the
first time in European Union court is an unprecedented
document. The Osho Community had never heard of this will
over 23 years since Osho’s demise (Osho left His body on 19,
January 1990 at, Shree Rajneesh Ashram, Osho commune,
Pune). The Defendant Nos. 2 and 3 are foreigners and
defendant no. 1, Mr. Mukesh Sarda is an NRI (US based Non
Resident Indian).
13. The plaintiffs submit that the defendant no. 1, 3 and 4
are the office bearers of Osho International Foundation
Zurich, Switzerland which is facing litigation in India as well
as in other countries. The details of these cases are specified
in para 7, 8, 9, 23, 24 and 25 herein. The list of defendants #
1, 3 and 4 working as Osho International Foundation,
Zurich, Switzerland is enclosed to the memo of this suit
marked as Exhibit – E The original turst deed being in
 German language is translated in English by official agency
in Pune.
14. The plaintiffs submit that the defendant no. 1, 2, 3 and
4 have produced the said forged Will are members of Osho
Foundation International Zurich, Switzerland. The defendant
no. 4 is the president of this Charitable Foundation in
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Switzerland. The defendant no. 1, Mr. Mukesh Sarda is a
Trustee in Osho International Foundation Zurich,
Switzerland as well as, he is managing trustee of Osho
International Foundation and Neo Sannyas Foundation
registered in the state of Maharashtra under Bombay Public
Trust Act, 1950. The list of Trustees associated with various
trusts and their holdings in private companies are enclosed
to the memo of this suit marked as Exhibit - F
15. The plaintiffs submit that defendant # 5 is a trustee of
defendant trust # 6 and director of Osho Multimedia and
Resorts Pvt. Ltd. a company limited by shares registered
under Indian companies act, 1952. The plaintiffs submit that
this company is a special vehicle created to siphon funds and
assets of the Public Trust in the kitty of trustees. Exhibit –
F-1
16. The Plaintiffs submit that the forged Will as claimed by
the defendant no. 1, 2, 3 and 4 that, it had been executed by
late Shree Osho, in Poona (Pune) on 15th Oct. 1989. The
Plaintiffs submits that the forth coming Para are evident to
this Hon’ble court that the Will in question, is fabricated and
 designed to hijack, exploit, monopolise and commercialise
Osho’s Legacy in their personal kitty outside India.
17. The Plaintiffs submit that the forged Will is
‘SUBSEQUENTLY’ made by the defendant # 1,2,3 and 4
because the defendants are left with no alternatives after
being defeated, in the courts in US and vulnerable in India
and European Union. The non production of Osho’s Will for
23 years, comprehensively proves that NO SUCH WILL or
document ever existed. The forthcoming para along with
judgments and orders issued by various courts in India and
US shows that the defendants are in desperate need to
establish their title in Osho’s intellectual property rights by
hook or crook.
18. The plaintiffs submit that the forged will is opened 23
years after Osho’s demise. There is no mention for the safe
custody of the Will during this period. The Will is
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manufactured and opened subsequently, fitting exactly to
cover the illegal holdings of OIF Zurich to hijack Osho
Legacy.

19. The Plaintiffs submit that a public press conference was held
by defendants on the next day of Osho’s demise on 20th
January 1990. The news published in Times Of India is
evident whereby, defendant # 3 who claims to be a witness of
the forged Will, have clearly said that Osho has not left any
successors. Hence, after 23 years of Osho’s demise
 defendants producing the forged will is simply bogus and
criminal. The copy of Times of India is enclosed in the memo
of this suit and marked as Exhibit- G

20. The Plaintiffs submit that at many instances Osho

personally has said that-“He has no successors.” Whereas,
on various occasions defendants had admitted that the Inner
Circle is successors of Osho. Exhibit - H The Inner Circle
consented by Osho was having 21 persons on board, which is
now effectively dissolved by defendant # 1, 2, 3 and 4.
However, the members of the Inner Circle have never
admitted or heard of any document as Will ever existed.

21. The Plaintiffs submit that, in addition to all the factors

mentioned hereby, the Will produced by the defendant no. 1,
2, 3 and 4 is fake on various grounds such as;
a. The signature of Osho on the will is forged, as being
artificially manufactured by defendants.
b. As per the admitted material facts, produced before
various legal forums by defendants stating that, prior
to execution of the Will in question, Osho had
separated Himself perfectly, clearly and distinctively .
“From Worldly Activities” and “Divested Himself
from all Worldly Possessions” The declarations
made by Osho and admitted by defendants are

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 enclosed with the memo of this suit marked as Exhibit
– I. The plaintiffs submit that on this count alone the
forged Will must to be set aside and be declared as null
and void as; ‘renunciation of all worldly possessions’
had already caused ‘Civil Death’ of the testator prior to
execution of the Will in question, hence, a question of
Osho executing this Will in does not arise.
c. The plaintiffs submit that the content of Will admits
assignment executed by Osho, prior to execution of
Will in question.

The plaintiffs submit that since Osho had

already assigned His rights then, in anyway, there was
no ground for Him to make a Will. And opposite to this,
in case the assignments are incomplete then the
Executor of the Will defendant # 4, had neither
produced the Will for 23 years after Osho’s demise, nor
had performed any obligation attached thereby. The
plaintiffs submit as the forged Will is subsequently
made, the executor was not in position to produce or
perform his duties as executor. Hence, the forged Will
needs to be set aside and be declared as is null and
void.

d. The plaintiffs submit that the statements recorded on

second page of the will reads as: “Attestation: We, the
undersigned have witnessed the signatures of Osho and
Sw. Anand Jayesh and each other, to this document on
October 15, 1989.”
Whereas:
 i. The true meaningful and lawful recording of
Witnesses on Will must state that the
“Testator has signed the document in
presence of the Witnesses” or vice versa,
“the witnesses have signed in presence of
testator signing”. Whereas, on the
document it is mentioned that “the
undersigned have witnessed the signatures
of Osho” Which is – they have not
witnessed Osho signing the Will.
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ii. The second page of forged Will does not
have Osho’s signatures validating the
existence of second page on the Will on
which all the defendants claimed to have
signed as witnessed.
iii. The first page of the Will does not carry
any footnote indicating that the Will has
second page.

e. The plaintiffs submit that the forged Will claimed to

have been drafted by an attorney Mr. Philip Tolkes
(Prem Niren) defendant no. 2, practicing in
Washington, USA. Whereas, the will in all its output is
fake and wrong on various counts from the execution
till implementations. Thus, defendants are causing
sever civil and criminal crimes, in respect to properties
 held by public charitable trust in India. The Witness
statements made by defendant # 2 is enclosed to the
memo of this suit marked as (Exhibit- B)

f. The plaintiffs submit that the will has surfaced after

more than 23 years of Osho’s demise. And so called
witnesses as recorded the 2nd page of forged Will were
not present in the Osho Ashram at Koregaon Park,
Pune, during the period of the forged Will. The
defendants have fabricated the forged Will only with an
intention to establish their title over Osho’s properties
to hijack and manipulated Osho’s Legacy.

g. The plaintiffs submit that the defendants have used old

stamp paper dated 16.6.1989, just to give a legal
impression to an illegal document before the public
and various forums outside India. The defendant’s
mischief in this respect is just to produce an
appearance of some sort of validity to the forged Will.

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The plaintiffs submit that the stamp paper is
dated 16.6.1989 purchased from Bombay. It is
used four months later on 15.10.1989 in Pune.
Whereas, generally authentic documents over
stamp papers are executed in few days or a week
 of buying a stamp paper, but definitely not after
four months as it is in this case. This surely
adds the chances of will subsequently made.
h. The plaintiffs submit that the forged Will is not stating
proper identity of the testator. Osho’s birth name is
stated in this will as “Chandra Mohan Jain” whereas;
His birth name is “Rajneesh Chandra Mohan”. His
passport name is “Bhagwan Shree Rajneesh”. The
name mentioned in the forged Will as ‘Chandra Mohan
Jain’ is not proper. Whereas, ‘Jain’ is not a name of a
person, it is a surname (family name). There are no
other legal documents i.e. bank account, property etc.
evidencing His name as “Chandra Mohan Jain” as
mentioned in the Will. This shows that some foreigners
having no acquaintance with Hindu naming convention
is messing around with the Will in question.
i. The plaintiffs submit that Osho has always signed
documents on the Right side of the page which is at
‘five o’clock position’. Whereas Osho had never signed
any document on ‘Eight O’clock position’ which is on
the left side of the first page as it on the forged Will.
This clearly shows that positioning of Osho’s signature
is non- conventional.

22. The plaintiffs submit that a Declaration was made on 20th

July 1978 by Bhagwan Shree Rajneesh. The copy of the
Declaration dated 20th July 1978 is enclosed to the memo of
 this suit and is marked as EXHIBIT- J, As per the said
Declaration dated 20.7.1978, Bhagwan Shree Rajneesh
assigned ownership and delivered right, title and possession
of his present and future work in favour of defendant no. 6
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i.e. Rajneesh Foundation presently known as Neo Sannyas
Foundation registered under Bombay Public Trust Act, 1950.

23. The Plaintiffs submits that on 1st April 1981,

defendant no. 6 had made an assignment favouring one Chid
Villas Rajneesh Meditation Centre situated in New Jersey
USA. A Copy of this Assignment dated 1st April 1981 is
enclosed to the memo of this suit marked as EXHIBIT- K .
Notably the said Assignment Deed, dated 1st April 1981 is
not signed by all the ‘Nine Trustees’ of Rajneesh Foundation
at the time. A list of Trustees as on 1st April 1981 is attached
to the memo of this petition and marked as EXHIBIT- L.
24. The plaintiffs submit that as stated above the
transaction on 1st April 1981 executed by defendant# 6
Rajneesh Foundation, now renamed as Neo Sannyas
Foundation is incorrect. The matters related to said
assignments and its illegal transfer to US and presently
resting at Switzerland is pending before Bombay High Court
in the said Writ Petition bearing # 5300/2013. Hence, the
defendants knowing consequences of their illegal
assignments have cooked up the criminal plans fabricating
forged Will of Osho.
25. The plaintiffs submit that defendant no. 1 and 5 are
the trustees and trust Neo Sannyas Foundation (formally
known as Rajneesh Foundation) registered under Bombay
Public trust act 1950. The plaintiffs submit that the
defendant # 6 trust is a beneficiary public trust of Osho’s
Intellectual Property Right (IP) as per the Declaration
executed by Osho on 10.07.1978. However, the defendants #
1 and 5 and are deliberately ignoring its obligations to
protect Osho’s IPR and are purposefully engaged in alleged
transfer of proprieties and funds of the public trust. Hence
the said cases and applications are pending before the
Bombay High Court and Office of the Hon’ble Charity
Commissioner, Mumbai region as explained hereinabove.

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26. The plaintiffs submit that after critical appeals and cases
pursued by Plaintiffs’ associated persons Osho Friends
International, New Delhi India in USA. The National
Arbitration Forum (NAF), US and United States Patent and
Trademark Office (USPTO) investigated the matter. The
USPTO have passed orders cancelling various trademark
claimed by the Osho International Foundation, Zurich,
Switzerland. A Copy of this order is attached to the memo of
this suit and marked as Exhibit - M However, defendant # 1,
2, 3, and 4 continues to claim as owners of Osho trademarks
and copyrights in European Union as well as on their website
and other print Medias.
 27. Hence, the balance of convenience is in favour of the
plaintiffs.
28. The suit is valued for the purpose of Court fees, and
Declaration on Osho’s Will as mentioned above, for the
purpose of Permanent Injunction for Rs. 2,000/- and proper
Court fee stamp is paid thereon.
29. The Plaintiffs submit that the forged Will is claimed to
be executed at Pune and therefore, this Hon’ble Court has
jurisdiction to this present suit.
30. The Plaintiffs submits that they have no personal
interest in the properties of Osho and its holder /
beneficiaries trusts namely Neo Sannyas Foundation and
Osho International Foundation. The plaintiffs submit that
the public at large are beneficiaries in the said properties. If
this Hon’ble Court directs that the present suit be treated as
Representative Suit, then in that event the this suit be
treated as Representative Suit and notice to that effect be
published in the News Papers. The plaintiffs are ready to bear
the expenses of the same.

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It is therefore prays that –

 1. This Hon’ble Court be pleased to declare the forged Will of
Osho dated 15-10-1989 produced by defendants as null and
void.
2. This Hon’ble Court be pleased to permanently restrain
defendants to implement the forged Will.
3. This Hon’ble Court be pleased to grant ad interim reliefs
during the pendency of this suit in terms of prayer (b) above.
4. This Hon’ble Court be pleased to appoint an administrator or
receiver to rightfully administer and keep safe custody of
Osho Legacy till the pendency of the suit.
5. Costs of the suit be awarded to the Plaintiffs from the
Defendants.
Pune

Dated September 2013

Plaintiffs

Advocate for Plaintiffs

Verification

We,Mr. Yogesh Thakkar aka Swami Premgeet Age: Adult,

Occupation: Business Residing At: 1, Anand Park, 368-A, Near
Suyojana Society, Koregaon Park Pune 411001. And Mr. Kishor
Raval Alias Swami Prem Anadi Age about Adult Occupation
Business, residing at B-3/11, Mira Nagar Park Society, Koregaon
Park Pune 41101 for self and as a Trustee of PLAINTIFF No.1, do
state on solemn affirmation that the contents of the above suit are
true and correct and we have not filed any other suit in any other
Court for the reliefs claimed in the present suit. Hence we have
signed the same today at Pune.

Plaintiffs