Famliy property dispute
Querist :
Anonymous
(Querist) 26 October 2011
This query is : Resolved
Dear Sir,
I have a problem i.e., my father and his 2 brothers had started partnership business in 1976.still we are in joint family my father is younger to all; the thing is all properties are registered on his elder brothers and their sons. my father has no property on his name. These properties are purchased from the business income from 1976 and their after. Hence I plead you, kindly give me your valuable suggestions
Guest
(Expert) 27 October 2011
issue legal notice and proceed for partition( instead file a suit for dissolution of partnership and claim the share of property from business attach the properties of brothers)
Sankaranarayanan
(Expert) 27 October 2011
Here we need to analysis that if the property is bought through the firm then how the money transaction was made for the purchases. Is the amount was transferred through the partners current account?.
More over if the property are bought for firm then they would have bought for their firm name.
so without know all details we cant give clear opinion
Arun Kumar Bhagat
(Expert) 27 October 2011
It is very difficult to prove that properties were purchased from the funds of Partnership firm. I will suggest for mutual settlement in lieu of going to Court.
Guest
(Expert) 27 October 2011
If you have definite proof, like the Profit & Loss Account and Assets & Liabilities Account of the firm for the year 1976, along with ledger account for the property, which can show the purchase of the property, your father can definitely establish his right to the share of property and can claim through court from his elder brother & his sons.
prabhakar singh
(Expert) 27 October 2011
yes!It appears just there is no dispute but the same may emerge in future.The silence of your father does not sound well as according to you properties are not bought only in name of his eldest brother but also in name of his sons,looking upon the era we are living experience does fore warns some dispute to emerge in future where wrong claim may be established.
In the circumstances it is advisable that your father demands partition and share in accordance with his share and on denial a suit must be filed to establish joint right
over the properties purchased from income of partnership firm.But this all depends on its'book of a/c , entries made there in,amounts withdrawn from firm if shown as personal withdrawal by your father's brother and shown as loan,how profits of your father has stood distributed or accumulated in your fathers name in firm a/c books.All in all books of a/c of the firm and relevant entries are very crucial in your case to determine the very factum of ownership in your case.hence better get checked entries first in books then make strategy how to proceed.
