Joint property

PRACHI (Querist) 05 February 2015 This query is : Resolved
My client along with his brother purchased a land . they were purchased in the capacity of partners of a registered partnership firm. My client was facing heath problems and not visited the land for so many years. The property was divided jointly. my clients brother demolished the partition and using the whole portion as it is wholly owned by him. When he just went theirhis brother's son didnot entertain him. Now my client wants to start business in his 50% share , how the problem can be resolved. If I want to serve legal notice what will be the ccontains. My client cannot enter on his own property.

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Devajyoti Barman (Expert) 05 February 2015
File a case for dissolution of partnership and division of property.

ajay sethi (Expert) 05 February 2015
agree with mr barman

Rajendra K Goyal (Expert) 05 February 2015
Agree with the expert Devajyoti Barman.

Advocate Ravinder (Expert) 05 February 2015
You have to file partition suit in the civil court. You can ask for (1) Dissolution of partnership (2) statusquo until the partition is effected. (3) You have to inform the filing of the above suit to the Registrar of firms.

T. Kalaiselvan, Advocate (Expert) 06 February 2015
Agreed with the experts, you may issue notice for dissolution of partnership, partition and separate possession of your client's share.

Guest (Expert) 06 February 2015
Well Advised by the Experts.

prabhakar singh (Expert) 06 February 2015
you are adequately advised.
Do not plead previous partition and demolition of wall because then a suit of possession would be required.

Dr J C Vashista (Expert) 06 February 2015
Since both of them has already possession of the property it would not require to move for possession.
A suit for partition, permanent injunction, mesne profit (for the portion used by defendant) rendition of account and damages may be sought.

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