Bina Basak vs. Sri Bipul Kanti Basak [Supreme Court, March 21, 2024]
Background
This case concerned a dispute over the title and possession of a property allotted by the Relief and Rehabilitation Department of the Government of West Bengal under a post-Partition rehabilitation scheme. The property was initially allotted to a family member as part of government efforts to rehabilitate displaced persons. Over time, disputes arose within the family regarding the rightful ownership and possession of the property, leading to litigation between Bina Basak and others (appellants) and Sri Bipul Kanti Basak and others (respondents).
Key Issues
Whether the property allotted under the rehabilitation scheme was to be treated as the exclusive property of the original allottee or as a joint family property.
The extent of rights of other family members in the property allotted for rehabilitation.
The validity of the claim for exclusive possession and title by one set of heirs against others.
Arguments
The appellants contended that the property, having been allotted to their predecessor under the rehabilitation scheme, belonged exclusively to their branch of the family.
The respondents argued that the allotment was made for the benefit of the entire family, and thus, all legal heirs had a right to share in the property.
Supreme Court’s Analysis
The Supreme Court examined the purpose and policy behind the rehabilitation allotments, emphasizing that such properties were generally intended for the benefit of the family unit rather than an individual alone. The Court referred to previous precedents and the principles governing rehabilitation allotments, noting that these schemes were designed to support families uprooted by Partition and similar events.
The Court found that treating the property as exclusive to the original allottee would defeat the welfare objective of the rehabilitation policy. Instead, the property should be regarded as joint family property, and all legal heirs of the original allottee were entitled to a share, unless there was clear evidence of exclusive grant or subsequent partition.
Judgment
The Supreme Court upheld the family-centric approach to rehabilitation allotments:
The property was to be treated as joint family property, with all legal heirs of the original allottee having rights to title and possession.
Exclusive claims by any one branch of the family were rejected in the absence of clear evidence of partition or exclusive grant.
The Court directed the parties to amicably partition the property, ensuring the interests of all legal heirs were protected.
Significance
This judgment reaffirms the principle that properties allotted under government rehabilitation schemes are to be shared among all legal heirs, reflecting the social welfare intent of such policies. It prevents fragmentation of family rights and upholds the broader objective of post-displacement rehabilitation.
Citation:
Bina Basak & Ors. vs. Sri Bipul Kanti Basak & Ors., Supreme Court of India, Judgment dated March 21, 2024.
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