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Dilip Kumar moves court against brothers over property dispute

Add comment   |   July 7, 2014    12:46am   |Contributed by Indian Realty News

The legal dispute between iconic actor Dilip Kumar and his two brothers over property in Mumbai’s posh Pali Hill area may turn into a long drawn battle as an affidavit has been filed on his behalf before the Bombay High Court.

The affidavit filed by the actor’s wife Saira Banu states that the brothers-Ahsan and Aslam – have no rights over the bungalow which was demolished for redevelopment. Ahsan and Aslam, who resided with their brother at the iconic 48, Pali Hill bungalow till it was razed in 2007, have approached the High Court seeking implementation of an agreement made in the same year.

As per the 2007 agreement, Dilip Kumar was to provide accommodation of 1,200 sq ft flat to Ahsan, who is now 82, and 800 sq ft flat to Aslam, who is now 72. The need for agreement arose as the brothers had refused to vacate the bungalow when Dilip Kumar wanted to redevelop it.

History

The rights for the bungalow and the plot were procured by Dilip Kumar in 1953 from one Hasan Chamruddin, who had obtained the plot from Khatau Trust on a 999- year lease. Dilip Kumar was among the first from the Bollywood film industry to give Pali Hill celebrity status. Ahsan and Aslam, as per media reports, have been residing with their brother at the bungalow for six decades.

The deal to redevelop the bungalow was made in 2006. The veteran actor had then approached his brothers to vacate the bungalow to allow a builder start work. The brothers were said to be against it. Ahsan and Aslam then spoke to their sister-in-law Saira Banu who on humanitarian grounds had taken the initiative to accommodate her two brothers-in- law, leading to the agreement in 2007.

Trouble

It is not that Dilip Kumar has reneged on his promise as the project has been delayed due to the legal dispute with the plot owners, Khatau Trust. The agreement could be fulfilled only when the redevelopment project gets completed. Ahsan and Aslam, however, want their brother to fulfil his promise irrespective of the project. In the affidavit, Dilip Kumar has stated that he arranged for their accommodation at Malad and also paid Rs.46 lakh to the developer. But his brothers refused to shift to Malad. In their legal suit, Ahsan and Aslam claimed that the monthly payments has stopped after December 2012 and currently they are facing problems of accommodation as they have nowhere to go. Until now there is nothing on record to show that the brothers are also co-owners of the bungalow. Ahsan and Aslam are not even tenants which would endow them with tenancy rights. They have been described in the affidavit as “gratuitous licensees”-someone allowed to stay without any consideration.

Dilip Kumar also challenged his brothers to produce any document which would show they resided with him on the terms of leave and license. He stated that there was no legal binding to continue with the monthly payments. When contacted on phone, his wife Saira Banu, who was busy due to preparation on the eve of Ramzan, confirmed the move.

Source: India Today

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