Legal heir right
kaloboran mahapatra
(Querist) 13 June 2014
This query is : Resolved
Me and my daughter are the legal heirs of a partnership firm where my late wife was a partner. Dissolution of partnership suit is pending in the district court. Living partner is interested to purchase land ( Land is the name of the firm) but my daughter is not interested to claim her share but also reluctant to give the same consent in writing. Without her consent living partner is inclined to purchase the land. Can I sell the land including her share as i am the father? Please advise
regards
ajay sethi
(Expert) 13 June 2014
no you cannot sell land without your daughter consent .
Anirudh
(Expert) 13 June 2014
If the land is in the name of the firm, how can either you or your daughter can sell it?
It is only the firm which can sell it. You also say that the suit for dissolution of the partnership is already pending in Court.
Rajendra K Goyal
(Expert) 13 June 2014
No is the answer, agree with the expert Anirudh ji.
Raj Kumar Makkad
(Expert) 13 June 2014
You need to first of all dissolve the partnership firm, calculate your share and then sale it. You cannot sale the share of your daughter without her consent in writing.
Surrender K Singal
(Expert) 16 June 2014
Is your daughter a minor, admitted to the profits of Partnership only and are you her natural guardian, so recognised in the Deed itself ? Wait for the outcome of issolution of Partnership. Is there no status quo on the property of the firm ?
