The Maharashtra State Consumer Commission dismissed a challenge by sisters Prerana and Tanya Dawda against recovery proceedings linked to their deceased father’s ₹4.40 lakh liability. The commission held that properties transferred to them by their mother, a legal heir, could not shield them from recovery and said the gift deeds appeared aimed at avoiding attachment.

The Maharashtra State Consumer Commission dismissed the sisters’ challenge to recovery proceedings involving their Vashi flats | Representational Image

Mumbai, September 5, 2026: The Maharashtra State Consumer Disputes Redressal Commission has dismissed a challenge filed by two daughters against recovery proceedings initiated to recover money allegedly owed by their deceased father, holding that they could not escape liability after receiving properties from their mother, who was herself the legal heir of the deceased.

The commission dismissed the revision petition filed by Prerana Dawda and Tanya Dawda against recovery proceedings arising from a consumer dispute involving Shainand Shrishail Thombare.

“The proceedings before the District Collector in pursuance of the order passed by the District Consumer Commission under Section 71 of the Consumer Protection Act, 2019, coupled with Order 21 of the CPC, cannot be challenged by way of a Revision Petition. The said order can be challenged by way of an appeal before the State Commission. Similarly, any objection regarding the title of the property during the execution before the Revenue Authority can be decided by the Revenue Authority as per the Land Revenue Code. It appears that the Applicants have not raised any objection regarding the title of the flats before the Revenue Authority and they have simply filed the present Revision Petition for setting aside the order of issuance of the Recovery Certificate, which is not maintainable. In view of the above discussion, we are of the opinion that the present Revision Petition has no merit,” the order states.

Consumer Dispute Over Rs 4.40 Lakh

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The dispute relates to Rs 4.40 lakh paid by Thombare towards the purchase of a flat in an upcoming project at Vihighar, Panvel. An order had been passed against the Dawdas’ father, Shailesh Dawda, following which Thombare initiated execution proceedings after his death.

The Additional District Consumer Commission, Thane, issued a recovery certificate directing recovery of the decretal amount from the legal heirs under the Maharashtra Land Revenue Code.

The proceedings subsequently reached the properties at Daffodils Annexe, Sector 14, Vashi, where Prerana and Tanya claimed ownership of two flats. The Tehsildar-cum-Executive Magistrate had issued a possession notice for taking over the flats.

Daughters Challenge Property Attachment

The sisters argued that the flats were not inherited from their father and that their personal properties could not be attached for his liabilities. They relied on Section 50(2) of the Code of Civil Procedure, which limits a legal representative’s liability to the extent of the deceased’s property that has come into their hands.

However, the State Commission rejected this contention. It noted that the flats had originally been purchased by their mother, Padma Dawda, in 1995, and that she was the legally wedded wife and legal heir of Shailesh Dawda. The mother subsequently executed gift deeds transferring the flats to her daughters in 2022.

Commission Questions Gift Deeds

The commission further observed that the daughters had failed to produce documents establishing that they had not inherited property from their father.

It held that, since their mother was a legal heir of Shailesh Dawda and had transferred the flats to them, the daughters could also be treated as legal heirs through their mother for the purpose of the recovery proceedings.

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Significantly, the commission said the gift deeds appeared to have been executed to avoid attachment of the flats and defeat the rights of the consumer seeking recovery.

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