Ownership

ravisharma (Querist) 08 September 2015 This query is : Resolved
We started a hospital under registered partnership firm a year ago. Last month we made and agreement where i decided to transfer my shares to my partner once i receive an agreed amount. But before giving me the amount my partner has leased out the hospital to third party. Further he has given 50%of the agreed amount while rest 50% cheques has been dishonored.
I have filed an application under rent control act but failed to establish my possession on the hospital.
is there any remedy where i can seek to receive the part of monthly rent by the third party to me or to be submitted in the court till my partner give me the full payment? If so under what act and law should i proceed? Thank you.

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P. Venu (Expert) 09 September 2015
What is the action you have initiated against the dishonored cheque?

Rajendra K Goyal (Expert) 09 September 2015
You should have started proceedings u/s 138 NI act for dishonored cheques.

In whose name the building is, what are the terms of partnership, Whether any dissolution agreement / transfer agreement entered? Consult local lawyer and show him all the documents.

T. Kalaiselvan, Advocate (Expert) 18 September 2015
You are silent about the cheque dishonor action initiated by you. You asked f you can claim rent, on what basis?, You said that you have transferred the shares to your partner and accordingly he leased out the property to some third person and also he paid fifty percent amount by cash and another 50% by cheque, it means he fulfilled his promise to pay the agreed amount though the cheque is dishonored.
Consult a local lawyer and apprise him with the factual details and seek his opinion.