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A Mumbai civil court has brought an end to a long-standing ownership dispute involving a residential apartment in Dahisar by ruling in favour of NRI businessman Suresh Basantani. The court held that the flat was unlawfully resold and occupied despite an earlier registered agreement and valid possession with Basantani. Declaring the subsequent transaction invalid, the court ordered the occupants to vacate the premises within a fixed period and restrained them from creating third-party rights. The ruling reinforces the legal standing of registered property agreements.
A prolonged legal dispute over a residential apartment in Mumbai's Dahisar suburb has been resolved after the Bombay City Civil Court directed the eviction of occupants found to be unlawfully residing in the property. The case was filed by NRI businessman Suresh Basantani, who has been living in Abu Dhabi and had been pursuing the matter for nearly 15 years. Advertisement
Basantani had entered into a registered agreement with Siddhivinayak Builders in 1997 to purchase the flat for INR 7.76 lakh. After completing the payment, he took possession in the early 2000s and carried out renovation work before returning overseas. During a later visit to Mumbai, he discovered that the locks had been changed and the flat was occupied by another family.
Court records showed that the builder, acting through a power of attorney, had executed a second sale of the same flat in favour of Sweta and Tarak Nath Das. The occupants claimed they had purchased the apartment after another booking fell through and argued that Basantani's agreement had been cancelled due to alleged non-payment. However, the court found no documentary proof supporting this claim.
The builder did not contest the proceedings and failed to justify the second sale, leading the court to observe that once a registered agreement and possession are established, the seller loses the right to resell the property. The judge held that the later sale deed had no legal validity and that the occupants had no lawful title to remain in possession.
The court ordered the occupants to vacate the flat within the stipulated period and hand over peaceful possession to Basantani. It also issued a permanent injunction restraining them from transferring, selling, or creating any third-party interest in the property. Litigation costs were imposed on the defendants.
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