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Fraud committed by brother

(Querist) 05 October 2014 This query is : Resolved 
Dear Sir/Mam, My father had a shop in which he was the proprietor. my uncle also used to work in the shop with him. My father opened a new shop and allowed his bro to run his earlier shop. Now there has been disputes and it has come to our knowledge that he has changed the name of the shop. The earlier name of the shop has been brought down. We have both emotional and financial attachment with the shop. Please let me know what action can I take? The shop is owned and is on a land which is co owned by my father and his 3 brothers. The earlier license was in my father's name but we don't have a copy of the same and I am not aware of the current license.
Dr J C Vashista (Expert) 06 October 2014
Who is the actual and bonafide title holder/owner of the shop? Show the document of ownership to a local lawyer.
ajay sethi (Expert) 06 October 2014
your father should file suit for eviction against his brother if he so desires
Sudhir Kumar, Advocate (Expert) 06 October 2014
nothing more to add based on given facts.
Rajendra K Goyal (Expert) 06 October 2014
What was and is the constitution of the firm and whether the shop is rented /owned, and by whom? In whose name the govt. licenses existed and now exist ?

Facts not enough to advise, consult local lawyer.
malipeddi jaggarao (Expert) 09 October 2014
Whether the constitution of the business unit is proprietorship or partnership. If proprietorship, who is the proprietor as per records. Whether the firm is registered? If it was registered, you go and see the records with Registrar or Firms, and enquire how the name is changed and at whose request?

Your father might be knowing the facts. Ask him first. To take any action, your father is the right person.
T. Kalaiselvan, Advocate (Expert) 09 October 2014
I think you have already approached a local lawyer with all your papers?, if yes, what was his opinion?, thus, without knowing the correct background, it will be difficult to give proper opinion or advise.


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