(Querist) 01 December 2023
This query is : Resolved
Dear sir, One Industrial corporation has allotted one Industrial plot for trading activity in the name of M/s Mohammad Traders. Later sale deed was executed in the name of Proprietor. There after Proprietor expired. Then wife & children of Proprietor along with brothers of Proprietor has executed Registered partition deed. As per which above industrial plot was allocated to one of brother of Proprietor. Now he approached industrial corporation for mutation. In the application for mutation he submitted plot will be used for rice mill. Industrial corporation has mutated plot in the name of M/s basha rice mill represented by proprietor Basha. As per property tax paid receipt name of owner is M/s basha rice mill. Query: 1.Now the plot is in the name of Basha or M/s Basha rice mill represented by proprietor basha 2.As per partition deed plot was transferred in the name of basha where as mutation done in firm name. 3.As the original owner was deceased, property should be mutated in the name of legal heirs but plot was allocated to brother of deceased. Is there any discrepancy
(Expert) 01 December 2023
On what basis does the Industrial Corporation allot the industrial plot to the person of the proprietary firm? On sale or otherwise? If on sale in the name of a proprietary firm, the legal heirs i.e. wife and children of the deceased have rights over it but not on brother? In the partition why did the brother add as a party? As per your query, the plot was allotted to a proprietary of the firm. Your query is not clear to me.
T. Kalaiselvan, Advocate
(Expert) 02 December 2023
It was partitioned as per family arrangement subsequent to the death of the original allottee. Thus the said Basha, who got the property mutated to his name, becomes an absolute owner of the plot. Sole proprietorship are the simplest business form to create and operate under because they are an extension of the owner. Because sole proprietorship do not exist separate and apart from their owners, they are incapable of owning real estate on their own. Therefore in my opinion there appears no legal infirmity in it.