Land grabbing
Advocate Ravinder
(Querist) 24 March 2013
This query is : Resolved
Sir,
We have an open land of Ac.15.00 in Hyderabad city which is in the name of partnership firm ‘Unique Builders’. There are 5 partners in the firm. My father is one of them who died recently and he is having 40% share in the firm. We are 3 brothers and one sister and mother. Now the above land was grabbed by unsocial elements. The other partner are not taking any interest to safeguard the property. Now my question is whether we in the capacity of legal heirs of my father can file land grabbing case in the court against the land grabbers. Do we have locus standi to file case since we are not parties to the partnership firm.
I require your precious advice.
Ravinder.
PARDEEP KUMAR
(Expert) 24 March 2013
Please go through the partnership Deed,to ascertain what it says about rights of legal heirs upon death of a partner.
However, under all circumstances, you can file said case, as legal heir, for that you also would require to prove that you are the legal heir, also seek dissolution of Partnership.
Contact a local lawyer and proceed.
R.K Nanda
(Expert) 24 March 2013
contact local lawyer.
Raj Kumar Makkad
(Expert) 24 March 2013
I humbly differ with the opinion of Pardeep Kumar. Generally after demise of a partner, the firm gets dissolved and thus it requires re-construction. You shall have to go through the deed of partnership vide which the procedure in case of death of a partner might be mentioned. You shall have to follow that procedure first so as to associate with the firm and thereafter shall have to pass a resolution authorizing either of the partners to file such suit as is desired otherwise as on day, you being legal heirs of a deceased partner have no right to file any suit on the part of the firm.
This fact should not be overlooked that the property stands in the name of the firm and not in the individual name of a partner.
PARDEEP KUMAR
(Expert) 25 March 2013
Sir,
With all respect, I agree that 'Generally' after demise of a partner, the firm gets dissolved, but still, partners can make arrangement otherwise as well in the partnership deed. That's why I advised to go through the deed first, to ascertain relevant provisions. So far as filing of case under all circumstances is concerned, I am not asking to file suit as a partner or on behalf of the firm, but in individual capacity, against the firm, such land grabbers, as legal heir of the deceased partner, to safeguard their interests, at least for temporary injunction under order 39 rule 1 and 2 of the Code of Civil Procedure,1908. Sir, here the remaining partners (even if considered of a dissolved partnership firm), are not taking any interest to ensure safety of property of the firm, as such there appear no guarantee that they will help pass such resolution etc., even otherwise, said thing is also subject to relevant clause of the partnership deed.
Raj Kumar Makkad
(Expert) 25 March 2013
If the legal heirs of deceased partners file a suit for rendition of the accounts against the rest of the partners then they can be able to get the desired replief if the matter of grabbing is disclosed therein but if the suit against the firm is filed by these legal heirs regarding the grabbing then Order 39 Rule 1 & 2 shall have no meaning at all because the grabbing has been done by other persons than the partners.
Advocate Ravinder
(Querist) 25 March 2013
I would like to say one thing. There is no clause in case of death of partner. Infact the others partners are colluded with the land grabbers. Hence, they will not cooperate with the legal heirs of my father. My question is that whether we as legal heirs can file land grabbing case seeking mandatory injunction to evict the land grabbers at least to the extent of our 40%. As it is undivided property whether we can file land grabbing case for the whole land of Ac 15.00
