A took a shop on rent and started business in 1970s and bought a house from business profits for the family to reside. Later, A's son B also joined the business after completing his graduation. A died intestate in 1980s leaving behind a widow wife and 2 sons B and C (C of minor age).
B solely continued the business and afters 10 years out of business profits purchased this shop from the landlord via sale deed and got it registered in his own name.
C after completing his studies started his own independent business.
Recently their mother also died intestate. Presently, C is demanding the following:
1. Partition of the residential house - which is fine with both B and C
2. Share in business profits earned by B - as C is claiming business started by A was a joint family business
3. Partition of the shop- Although now B owns the shop but C is claiming funds used by B to bought the shop belonged to joint family
Queries:
1. Is C's claim for share in business profits earned by B legally valid, considering the business being solely run by B for the last 25 years? Also, there is no proof and knowledge available on the profit, cash, stock left by A.
2. Funds used by B to buy the shop, legally does it belong to joint family or sole proprietorship of B? Is this business a joint family business or B's sole proprietorship from legal perspective?
3. Does C legally stand a share in the shop?
Requesting experts to please share some knowledge on the above matters
