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partition in property

(Querist) 10 August 2010 This query is : Resolved 
Dear Experts that the court had order that 50%of my father share is given seprate with possession .Experts that our hotel is running my uncle and he is not giving our share in property and business and we have made case and the court had order that 50% of my father share in property and bussiness is given along with 5yrs profit .Sir i want to ask that wht about the Lodging licence to whom it will go and we also want to run the business .wht is the procedure for 1)Land Partition 2)in Business 3)Licence 4)Income tax Department. Experts U have any format related above plz forward .
Y V Vishweshwar Rao (Expert) 10 August 2010
You have filed a suit for partition and the preliminary Decre for partition is passed dclaring the rights of the parties and shares are declared with right of 5 years accoutns from Joint Business , for the separate possession as per the Preliminary Decree,apply for final decree for partition and Settlment of Accounts . Court Commissioner will be appointed for partition and for taking steps for settlment of accounts . If the property can't be partitioned conveniently , the some other mode of partition will be submitted by the Commissiner to the Court and if it is not possible to devid the proerty and Business,the alternatives ( captlised value of Property & Business ) will be placed by the Commissioner for Court approval- after hearign both the parties and to pass necessary orders.
s.subramanian (Expert) 10 August 2010
i agree with mr.rao
Devajyoti Barman (Expert) 12 August 2010
Yes, the commissioner will settle the accounts for the last 5 years. For issuing the license in both of your names you have to apply in the court itself.


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