Summary: The Bombay High Court ruled on a complicated real estate argument about who should get flats in Kurla, Mumbai. The case was about a Joint Development Agreement (JDA) from 2009, with problems coming up over which flats went to whom and who owed money between the heirs of Mohammed Ali Mohammed Salih and the developer, Shadab Yusuf Mukadam and 14 others.
The story starts with a JDA signed on August 20, 2009, between the late Mohammed Ali Mohammed Salih and Rajaram Chavan Real Estate Pvt. Ltd. The agreement was about developing land in Kurla, Mumbai. Shadab Yusuf Mukadam and his partners were supposed to provide certain areas to current tenants, and Mohammed Ali Mohammed Salih's heirs were entitled to 50% of the free sale portion.
By 2013, arguments started over which flats were for whom. Shadab Yusuf Mukadam sent a letter confirming which flats were for Mohammed Ali Mohammed Salih's heirs. However, disagreements about building costs and tenant arrangements continued.
In 2016, Mohammed Ali Mohammed Salih's heirs asked for the flats, leading to several legal cases. Their request filed in 2017 asked for the flats, while the people who bought the flats also asked for them.
"The Court found that the Flat Purchasers were caught in the middle of the fight between the heirs of Mohammed Ali Mohammed Salih and Shadab Yusuf Mukadam."
The Arbitral Tribunal first refused to give the flats to Mohammed Ali Mohammed Salih's heirs, saying they still owed money. This decision was challenged, leading to more legal back-and-forth.
On March 5, 2026, Justice Somasekhar Sundaresan decided that the people who bought the flats should get them as representatives of the Court Receiver. This was a big relief for the buyers who had been waiting since 2014.
"The interests of the Flat Purchasers have been validly contracted in accordance with law."
The Court ordered that the arbitration should move quickly, stressing the need to solve the issue. The people who bought the flats must pay the remaining amount, and Shadab Yusuf Mukadam and his partners must give the keys to the Court Receiver.
The court decided that the people who bought the flats should get them, and the developer needs to hand over the keys after the buyers pay the remaining balance. This decision aims to make sure that the buyers are not stuck without their flats due to ongoing arguments.
