11 June 2021
MIDC Plot was assigned to individual A.
A entered into partnership firm with his own brother B. No where in the partnership deed it says that plot is transferred to partnership firm nor is shown as capital contribution of A in the firm. Partnership Deed is neither notarized nor registered.
It seems B colluded with MIDC officials and got a transfer order done from MIDC.
MIDC passed a transfer order saying that unless certain documents are executed the order is not operative.
Both A & B have expired so the partnership firm is now dissolved since it had only 2 partners.
No paperwork exists for this transfer of the plot in the MIDC records. No Assignment Deed executed for this transfer nor any other paperwork is done. MIDC has given in writing that they don't have the paperwork as mentioned in the transfer order.
This has been brought to the attention of the MIDC officials but they are giving the reason saying since the partnership deed is valid (even though it is not notarized or registered) they cannot cancel the transfer order.
Can a criminal case be initiated against MIDC for fraud and cheating even though they are aware that Transfer Order is legally void as of today?
13 June 2021
The transfer order is not legally void one the order has been passed by the authorities concerned especially when it was not challenged by the aggrieved persons. Bening the legal heirs of the deceased, if you have incriminating documents to prove that this transfer order was obtained fraudulently by another deceased partner, you may not be able to get the orders set aside even if you approach court for this purpose with a suit for mandatory injunction against the MIDC. Have you obtained the reply from MIDC in this regard by sending a letter seeking information through RTI act? If not ascertain the facts before approaching the court about this by obtaining the information through RTI Act. If you do not get any substantial documentary evidence to prove the alleged fraudulent transaction to transfer the property in the name of the partnership firm, then you may have to follow the procedures as envisaged in the Indian Partnership Act for this purpose. Post-dissolution of the firm and dissolution of the property, the immovable property belonging to the firm before the dissolution becomes “a movable asset” in the hands of the partners inter se, who have their rights in terms of Section 48 of the Indian Partnership Act. The property’s value must be assessed by a technical expert and partners are according to Sections 46 to 49, entitled for appropriate adjustment of their shares from the amount according to their share they held in the firm before the dissolution. Consequently, the question regarding the status of the firm property post-dissolution may be answered in the following way: Post-dissolution All properties of a partnership are to be converted into money, and Therefore, any immovable property which belonged to the undissolved firm loses such ‘immovable’ character. Such properties have a status of ‘movable property’ post-dissolution, from which the respective shares of the partners must go to them.
You may better consult an advocate in the local and proceed in the manner that is fit as per the circumstances prevailing at your end