One can’t be ousted from property over ‘routine quarrel’, Bombay High Court

In a significant ruling, the Bombay High Court recently ruled ‘routine quarrel’ in the family over property does not amount to dispossession or ouster of an individual from his/her property. A single-judge bench of Justice Mridula Bhatkar heard an appeal moved by Jitendra Ayare challenging the orders of a trial court which in its judgement had in 2010, made 18 shares of the ancestral property which was to be handed over to all his cousins and siblings. He had challenged the orders of the trial court on the ground that the trial court as well as the appellate court erred in applying the principles of ouster in his case. On the other hand, the Ayare’s cousin sister, the main plaintiff in the suit, claimed she along with her siblings were ousted from their ancestral property situated in Ratnagiri. She claimed that her aunt – Ayare’s mother had several times told her and her siblings that they have no right on the property.

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