The Court also observed that petitioner had never objected to the transfer of the flat to his mother after his father’s demise, and it was not a summary case requiring oral evidence.
Further, the Court said that it was not the case that the petitioners would have no other place to reside after they vacate the flat since records showed that apart from the flat in question, the petitioners had other flats also.
Based on the family settlement deed, the Court determined that there was nothing to show that the petitioners had any independent rights regarding the flat.
“In the Family Settlement Deed, it has been recorded that the whole estate of late Shri Gamanlal Mehta (comprising of all property whatsoever, whether movable or immovable) be transferred to respondent no.3, being his widow to be held by her absolute property. We do not find any document on record showing that the petitioners have any independent rights regarding the flat in question,” it stated.
Thus, it confirmed the order of the tribunal directing the petitioners to vacate the flat and hand over the possession to the respondent-mother.
Source: Barandbench
