Mumbai, March 19: The city civil court has granted relief to a 63-year-old woman and her son, directing Tilak Nagar Jai Hind Co-operative Housing Society to hand over possession of their redeveloped flat. The court also restrained them from creating any third-party interest until the property dispute is fully resolved.
Suit filed over property dispute
Priti Dhotre and her son Prakash Dhotre had filed a suit against the society, its secretary Hemangi Kambli, and her sisters-in-law Sadhana Satish Chiplunkar and Chhaya Rajesh Javeri, who had separately sought a share in the property.
Background of ownership and residence
The flat was originally purchased by Priti’s father-in-law, Kesarinath Dhotre, a society member since 1984. After marrying his son Jayprakash, Priti moved into the flat and continued to reside there even after her husband’s death in October 1984. Their son Prakash was also raised in the same home. The sisters-in-law married in 1987 and 1991 and moved out.
Redevelopment and possession dispute
The family lived in the flat until June 2005, when possession was handed over to the society for redevelopment. Kesarinath passed away in March 2012. Priti claimed that after his death, the society stopped paying rent for alternate accommodation.
Although the redeveloped 415 sq ft flat, valued at Rs 1.10 crore, was handed over to the society in August 2020, possession was not given to her and her son due to objections raised by the sisters-in-law.
Claims and counterclaims
Priti argued that in 2016, the sisters-in-law had relinquished their rights in favour of their unmarried brother Kishore, and therefore could not stake a fresh claim. The society maintained it could not decide entitlement while the dispute remained unresolved.
The sisters-in-law denied relinquishing their rights and claimed equal entitlement, citing their role in caring for their parents and brother. They also alleged that Prakash already owns another flat and filed a separate suit seeking partition.
Court ruling and observations
After hearing all parties, the court observed that a full partition was not possible as not all family properties were placed before it. Since the flat remained in the society’s possession, it was directed that it be handed over to Priti and her son as coparceners of Kesarinath Dhotre.
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The court dismissed the sisters-in-law’s suit as time-barred, noting that their alleged relinquishment in 2016 was followed by a delayed claim filed only in 2022.
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