Claim on Property and Business enterprise
Manpreet Kaur
(Querist) 09 October 2009
This query is : Resolved
Hi,
My grandfather had a small factory for manufacturing tea machineries. After my grandfather expired, my father is running the business solely since the age of 16.
My fathers have 2 younger brothers, both married. The elder brother amongst the 2, expired around 15 years back due to drinking problem and didn't contribute anything or participated in the business. He has a son, age of around 18 years. The youngest brother also didn't do anything to the business nor did he participate. But he is running is wood business in Shillong on sole proprietary basis. My grandfather didn't make any will for the property. And we don't share any profits or revenue of his business, neither participated.
The factory is a partnership business as prepared by my father, wherein both brothers’ wives are partners along with my father and eldest sister.
But except my father, none of the partners contributed/involved in any business transactions of the factory.
But my father's youngest brother's wife has the signature authority in the factory's account along with my father. Now, youngest brother and his wife (both advocates by education) are disputing everyday with my father asking for the share of profits/revenue of the factory business as she is having partnership as well as signing authority to the factory's account. Also, the youngest brother is asking for the property division and his share at the earliest and also wants to run factory along with my father and wants the share of it as well.
He has taken all the cheque books and checked the account as well from our accountant and started sitting in the office of our factory.
My father has built the small factory into a big one all alone with reputed recognition in the state. He doesn’t want to give any share of the factory business neither wants to involve him in the business. He is emotionally torturing my father (59 years old) and my youngest sister (20 years old) who is looking after the factory everyday. Our family stays in the same campus in a separate house built by my father. The paternal home of my grandparents is lived by both the brothers and their family. In the meanwhile, the widow of the elder brother is asking for their share as well, as she says her son doesn't study and she needs financial security as well, wherein my father gives her monthly money for her regular expenses including her son's education fees, etc.
Kindly advice, can my father's youngest brother claim of factory ownership and share, and also his wife.
Now when the property division will happen, shouldn't youngest brother claim the property share what was left when my grandfather expired and not now when my father has built such a big business and property.
Please advice.
Regards,
Manpreet
joyce
(Expert) 09 October 2009
The factory being a property having immovables, movables as well as good-will etc.. etc.. any way its an ancestral property so legal heirs can claim the partition. what ever your father and you have invested in that business which can be proved beyound the doubt can get it by mense profit which can be claimed in civil suit.
