Urgent:please help
VINEET DAWAR
(Querist) 08 May 2012
This query is : Resolved
Sir,i am looking after a petrol pump which i have inherited from my grandfather(as he died without will).i am in this business for the last 20 years.my other cousins who are also the grandsons of my grandfather were looking after their own business which is also ancestral.though we have a partnership firm but in practicaly nobodies interfers in other business.Unfortunately one of my cousin has suffered massive loss in his business,now he is trying to interfere in my business by threatning me.he says being one of a lawfull ownner he can come and start interfering in my petrol pump business.i have told him if u want u can sell all the ancestral properties and claim your share.But he keeps on threatning me that he will come and throw me from the pump since he his 12 years elder to me.i says when u earned i did not interfere, now why you interfere in my petrol pumps which i am looking after.Sir,is there any law whereby i can restrain his interference in my business.Sir, i have told him that u can sell all ancesrtral properties incuding this petrol pump,but since he is not getting a handsome price he is getting frustrated and keep on abusing and threatning me. i am very much scared.please help.i never tries to exercise any right in his business which is also ancestral.plaease help
ajay sethi
(Expert) 08 May 2012
file police complaint against him if he threatens you .since you are running petrol pump buisness contact a local lawyer .
VINEET DAWAR
(Querist) 08 May 2012
sir,can i do this he also being a coowner thogh i am running petrol pump
VINEET DAWAR
(Querist) 08 May 2012
sir,can i do this he also being a coowner thogh i am running petrol pump
ajay sethi
(Expert) 08 May 2012
is your cousin partner in partnrship firm?
VINEET DAWAR
(Querist) 08 May 2012
Yes Sir,they are. But for the last 20 years I am doing business,they r just like sleeping partners.
VINEET DAWAR
(Querist) 08 May 2012
Yes Sir,they are. But for the last 20 yrs I am doing business. They are just like sleeping partners.
Adv.R.P.Chugh
(Expert) 08 May 2012
Dear Mr.Dawar,
I am inquisitive to know under what arrangement these businesses are being carried and on has there been any settlement in the past as regards property ?
If there is a partnership with respect to fuel pump business - the terms of partnership would govern, what are the exact rights & obligations of members of HUF under the partnership. Even sleeping partners are entitled as active partners.
Feel free to talk !
adv. rajeev ( rajoo )
(Expert) 08 May 2012
If he is a co owner you cannot restrict him, but you can let him come with court order.
VINEET DAWAR
(Querist) 08 May 2012
But I am actively how can somebody throw just because he has suffered loss.within how much time can he gets the court order and if he gets then how I have to defend myself. Sir I am in this ancestral business he is just a sort of sleeping partner.
ajay sethi
(Expert) 08 May 2012
you have stated he is co owner then he is enttiled to partcipate in activites of buisness . but he cannot threaten you . try to arrive at family settlement
VINEET DAWAR
(Querist) 08 May 2012
But I am actively how can somebody throw just because he has suffered loss.within how much time can he gets the court order and if he gets then how I have to defend myself. Sir I am in this ancestral business he is just a sort of sleeping partner.
VINEET DAWAR
(Querist) 08 May 2012
But I am actively how can somebody throw just because he has suffered loss.within how much time can he gets the court order and if he gets then how I have to defend myself. Sir I am in this ancestral business he is just a sort of sleeping partner.
ajay sethi
(Expert) 08 May 2012
mr dawar
problem is you are penny wise and pound foolish . we have advised you to contact local lawyer . show him your partnership deed . since he is co owner he is entitled to share in family business .
in short you have to spend some money from petrol business on lawyer fees . lawyer will defend you in court
V R SHROFF
(Expert) 08 May 2012
I agree with Shri Sethi:
Contact Local Advocate with all your Documents , so that he can guide you.
VINEET DAWAR
(Querist) 08 May 2012
But I am actively how can somebody throw just because he has suffered loss.within how much time can he gets the court order and if he gets then how I have to defend myself. Sir I am in this ancestral business he is just a sort of sleeping partner.
VINEET DAWAR
(Querist) 08 May 2012
Sorry Sir for bothering u once again. My last query. Can he throw me from the pump and take my position just because he have more capital than mine in books.
There is no way i can restrict by getting injunction from the court,restricting his interference.kindly clear my doubt please on both questions.
VINEET DAWAR
(Querist) 08 May 2012
Sorry Sir for bothering u once again. My last query. Can he throw me from the pump and take my position just because he have more capital than mine in books.
There is no way i can restrict by getting injunction from the court,restricting his interference.kindly clear my doubt please on both questions
V R SHROFF
(Expert) 08 May 2012
get STAY ORDER FROM COURT.
VINEET DAWAR
(Querist) 08 May 2012
SIR,How can i get stay order on what plea.Please guide me,God will bless u
Shonee Kapoor
(Expert) 09 May 2012
If they are threatening you apply in court for restraint and injunction.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
VINEET DAWAR
(Querist) 09 May 2012
Sir,Mr Shroff u didn't answered my query. On what I plea I can get stay orger thery restraining my cousin interference.
VINEET DAWAR
(Querist) 09 May 2012
Sir,Mr Shroff u didn't answered my query. On what I plea I can get stay orger thery restraining my cousin interference.
VINEET DAWAR
(Querist) 09 May 2012
Sir,Mr Kapoor
u didn't answered my query. On what I plea I can get stay orger thery restraining my cousin interference.
VINEET DAWAR
(Querist) 12 May 2012
Sir,Mr Kapoor
u didn't answered my query. On what I plea I can get stay orger thery restraining my cousin interference.
