Transfer of plot
RAJESH KUMAR
(Querist) 16 January 2014
This query is : Resolved
Sir,
A plot was allotted in favour of a partnership firm namely HIC Products on 13.5.1990 and the Conveyance Deed was also executed in the name of said partnership firm through its partners 1. Sh. Mohan Lal & 2. Sh. Ramesh Kumar. One of the its partner Sh. Mohan lal had died on 1.2.2008 and his LRs. Subhash etc. requested the Authority to indusct them as co-owners in the captioned plot.
In the meantime Sh. Ramesh Kumar intimating the Authority that Sh. Mohan Lan had resigned from the partnership firm and a new partner Mrs. Reena w/o Ramesh Kumar was admitted and requested to make necessary amendments in the records. As per retirement deed dated 1.4.2002, Sh. Mohan Lal retired from the firm from the close of business on 31.03.2002 and as per partnership deed dated 1.4.2002 Mrs. Reena was induscted as a partner in the firm. Thereafter on 7.1.2011, Sh. Ramesh Kumar & Mrs. Reena requested the Authority for change in constitution from the partnership to a Pvt. Ltd. Company under the name and style M/s HEC Pvt. Ltd. promoted by them.
The fact about retirement of Sh. Mohan Lal and indusction of Mrs. Reena, which took place in the year 2002, was never informed to the Authority.
Sh. Ramesh Kumar on 10.9.2011 has submitted a copy of Form-A issued by Registrar of Firms on 1.9.2011 registering retirement of Sh. Mohan Lal and admission of Mrs. Reena w.e.f. 01.4.2002. Vide letter dated 10.8.2011, the LRs of Sh. Mohan Lal informed that no surrender of right deed was executed by them.
Vide letter dated 1.4.2013, Sh. Ramesh Kumar submitted a copy of order dated 20.3.2013 passed by Civil Judge in case title Reena V/s Ramesh Kumar etc. whereby Mrs. Reena was declared as the sole partner with Sh. Ramesh Kumar in the partnership firm and the said declaration was against the General Public.
A legal notice was also served on behalf of Mrs. Reena for implementation of the orders of the Civil Court.
It is also mention here that one of the sons of Sh. Mohan Lal had also signed the retirement deed as one of the witnesses and the said retirement deed was never challenged by the legal heirs of Sh. Mohan Lal in any court.
In view of the above facts of the case, the issues involved in this case are as under:
1. Whether the claims of legal heirs of Sh. Mohan Lal for a right in the plot in question shall be considered by the Authority or not since, upon demise of Sh. Mohan Lal a right had accured in favour of LRs of Sh. Mohan Lal in the property of the firm.
2. Whether in absence of relinquishment of right by the legal heirs of Sh. Mohan Lal, the authority can consider the request for transfer of plot in favour of new partnership firm/company in view of compliance of the order of the Civil Court passed in favour of Mrs. Reena.
ajay sethi
(Expert) 16 January 2014
commercial query . partnership firm can afford legal fees
Guest
(Expert) 16 January 2014
Consult a Local Lawyer
Rajendra K Goyal
(Expert) 16 January 2014
Similar query with name changed was posted by you and was adequately advised at:
http://www.lawyersclubindia.com/experts/Transfer-of-plot-440316.asp#.UtedRLSLq_I
Any subsequent question could have been posted in the same thread.
T. Kalaiselvan, Advocate
(Expert) 17 January 2014
As advised by experts, a local lawyer will be able to advise properly after seeing and taking into stock of the facts.
RAJESH KUMAR
(Querist) 20 January 2014
Sir, This is not a similar query, the issue is different to earlier query. Further, this is not a commercial query. I am a regular employee of Authority (HUDA) and the subject cited file is marked to me for comments/advise. I need your help/advise so that i can put up the file property.
Thanking you
Rajendra K Goyal
(Expert) 20 January 2014
If this is departmental, please take the legal opinion officially from your advocate on panel, that would be proper and acceptable path and would save you in case of any situation that may come.
