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Showing posts with the label #BombayHighCourt #Redevelopment #MumbaiHousing #PropertyDisputes #GratuitousLicensee #TenantRights #RealEstateLaw #LegalUpdate

Possession vs. Ownership: Bombay High Court on Redevelopment Benefits

  The Bombay High Court’s recent decision in Ritesh Haldar v. Elite Housing LLP and Ors, Commercial Arbitration Appeals (L) No.14486/2025 and No.15542/2025, delivered on 24 June 2025 , sheds light on how property and family disputes are handled during building redevelopments—a common event in Mumbai’s old housing societies. In this case, a flat in Khar, Mumbai, became the focus of a dispute between family members when their building was taken up for redevelopment. Ritesh Haldar, the appellant, is one of three brothers in the Haldar family. When the flat was purchased, Ritesh's mother's name (Sabita Haldar) was also included for society membership purposes. After Sabita passed away in 2002, Ritesh claimed to have become the sole owner of the flat, as his name remained on the society records. However, his brothers—Rohitesh (whose wife is Leena) and Rajesh—claimed that their mother owned a 50% share in the flat, which they say passed to all siblings after her death. In the meantim...