Legal Opinion is required on Property
Srinivas
(Querist) 21 April 2010
This query is : Resolved
Hi,
This is srini we are 4 brothers.My father was doing the business and due to his ill health he is taking rest now.
He earned some money during his tenure in business and made some investment in the firm with the partners and he kept my elder brother as a Partner in that firm.
My brother was went to his own job in some company and his partnership was continued.
Due course after some years the managing partners of the firm put the IP and my father was planned to acuire complete ownership by clearing all the dues which are with the Bank Loan and with some customers.
my father was put his money in that and cleared all dues and Bank Loan too.Even me and my other 2 brothers also put our fixed deposits money in that to clear the dues and bank loan.
After clearing every thing, my brother took all the documents related to the firm and he is keeping with him.
During the clearance time , my father told to my elder brother that the firm property should be equally shared among all 4 brothers.
Now my elder brother is not ready to the divide it equally and he is enjoying all the benefits.Now he has given the firm for lease and the leased amount also he has taken.Every month rent also he is taking.
How to file a suit againt my brother for equally dividing the property?What is the procedure we need to follow on this.
Till now my father did not made any will on all his properties which are under the name of my brothers too.
Can my father make a will now with out registration and How we can file a suit against my brother?
Srini
Raj Kumar Makkad
(Expert) 22 April 2010
Your father can file a suit for rendition of accounts against your brother and he can even relinquish his share in favour of you all 3 brothers and if it is not possible then he can also make a will in your favour but it is good to get it registered keeping in view the character of your disputing brother.
Uma parameswaran
(Expert) 23 April 2010
Certainly your father can file a civil suit.It is better to file a partition suit than going for a unregistered WILL.
Srinivas
(Querist) 15 April 2011
Who can file a Partition Suit?Can my father write a WILL with out a lawyer in this case.Can you please send me any sample documents or Sample WILL or Partition Suit document.
Thanks
