21 March 2024 Inheritance and I.S.A >> Inheritance   |   Property Law >> Personal Law   |   Property/Real Estate Law >> Property & Real Estate  

A decades-long dispute between a family displaced from East Pakistan during partition reached the Supreme Court of India. The case centered on a property allotted by the West Bengal government's Relief and Rehabilitation Department.

Facts:

The crux of the issue was the government's intention behind the allotment. The court emphasized that such programs aimed to re-establish entire families, not benefit a single member. While the eldest son's wife, Hem Prova Basak, was named in the lease deed due to her husband's government job, the property was meant for the collective good of the displaced family. Hem Prova Basak claimed sole ownership based on the lease in her name. However, the younger brothers challenged this, arguing that government orders and their contribution to building the house on the property established their rightful claim.

Affidavits Reveal Truth, Government Recognizes Shared Rights:

The court found support for the brothers' argument in affidavits filed by both Hem Prova Basak and her husband. These documents acknowledged the property's purpose as family rehabilitation. Additionally, the government's later issuance of freehold titles to all three brothers' families solidified the shared ownership intention.

Conclusion:

The Supreme Court ultimately sided with the younger brothers. They highlighted the following key points:

• The allotment aimed to support the entire displaced family.
• Affidavits by Hem Prova Basak and her husband confirmed the family-oriented purpose.
• The cancellation of the lease deed in Hem Prova Basak's name rendered her lawsuit baseless.

By restoring the trial court's decision, the Supreme Court likely recognized the rights of all three brothers' families in the property, ensuring a fair distribution of the government's intended benefit.