Shashank 05 January 2016

Position of the house

Hi Team ,

Great that finally I found a online website to post my concern .Hope I get suggesstion from your side .

My father with two other partners i.e.Total of 3 partners ( A , B and C ) have started a Partnership Firm back in 1990 . In this Partnership Firm ( A and B) each have 40 percent share and C have only 20 Percent share .
They have purchased three properties on the name of this paternership Firm back in 1985. There are three Properties out of which - one property is LAND , second property is House of 89 Sq yards and third property is Land.
The partner C who is having 20 percent share in the house is currently residing in the House since 1995 - Till date and my father kept on asking them to give us some part of share so we can also stay however they keep denying it and says there is no place to stay and we are staying in rented apartment and paying rent in rented flat since 1995 however we would like to stay in the house so we can save rent money . Currently we are not having any house for us and we would also like to stay in the house .
When I asked my father he said we cannot get inside directly as they are staying there since 1995 How can take position of my share for that house and stay there ?

. I have few questions here ?

How can I go ahead and stay in that house in my father 40 percent share as we do not have any house now ?
What kind of case , I need to keep in order to take position of the house i.e. 40 Percent ?
How long will it take for us to get the verdict if I keep the case in next one month ?
How will court decide which part of house belongs to me ?

What is the procudure I need to follow to win this case ? - Please do the needful .

Reply Follow

3 Replies

T. Kalaiselvan, Advocate (Advocate) 13 January 2016

How can I go ahead and stay in that house in my father 40 percent share as we do not have any house now ?

First of all it is not your house so you cannot claim a share in that house. Your father as a partner can ask the other partner to remit rent for occupying the house as a tenant because that house belongs to the partnership firm hence he can be treated as a tenant only. Alternately your father can move an application to dissolve the partnership firm and demand his share in the properties proportionately to his investment in the company. This matter can be decided by the partners of the company and not by an individual like you who has no rights over it especially during the life time of your father.

What kind of case , I need to keep in order to take position of the house i.e. 40 Percent ?

The above answer that you do not have any rights in the property will suit this question too.

How long will it take for us to get the verdict if I keep the case in next one month ?
How will court decide which part of house belongs to me ?What is the procudure I need to follow to win this case ?

Since you do not have any rights in the property especially during the life time of your father, who also is just a partner of the firm, whereas the property actually belongs to the firm, all the above questions are unnecessary and need no reply.

Shashank 23 February 2016

Hi Team , Thank you for the reply .

I understand I do not have rights , Sorry as I was referring to my father and family and not myself .

Could you please tell me

What kind of case , My father needs to keep in order to take position of the house i.e. 40 Percent ?

How long will it take for my father to get the verdict if my father keeps the case in next one month ?
How will court decide which part of house belongs to my father ?What is the procudure my father need to follow to win this case ?

We have another situation raised one month back - The other 40 percent share holder - Is using the empty Land for commericla use i.e. The 40percent partner has given the land for Parking space and taking rent . We came to know from other sources that he is collecting rents. When my father asked him , " The 40percent partner said show me the proof that he is collecting rent : , Later my father build the wall in and he broke the wall .. I came to know that one of the office is using the LAND as parking I took the pictures of the car parked and and I went to the office and also took the employee name and I told him you cannot trespass and he said if you want go to court " Can we file a criminal case against him as he trespassing the property " And also I have the company details who is using the undivided property for commericla use .

Please help me how to goahead with this situtation ?

Shashank 23 February 2016

Adding this case details : The other 40 percent Partner has a filed a case in the year 2012 saying to divide the properties as per the partnership firm 20,40 and 40 . The oher 40 percent Partner spoke to my father and filed a case on all the properties and my father agreed to it with mutual understanding as atleast court will decide. Later we came to know his intenion in the year 2015 December ( two months Back ) when the verdict came out - It said "

Disposal : Dismissed for default .

Proceeding : D1 called abscent . Process not paid and no representation for Plantiff hence suit is dismissed for default .

_ Later I consulted my family friend who is a lawyer and he said once the partnership case is "Dismissed for default ." It means that the other partner has stopped us in filing the case and We cannot file a case till next 6 months and post that we should act as Plantiff . We are worried how to go about this situation as my father is currently hospitalized due to heart attack , I am taking care of the properties. We are in the middle of the Ocean and not sure how to move forward .

The game which 40 percent share holder played is :

Firstly he did not send the notice to right address and he also mentioned wrong addressof the property in the court document.

Secondly : When I called up 20 percent share holder he said he did not receive the summons

Thirdly : He made the case dismissed so that we cannot file a case .

we are worried what action we can take from our end ?

Please help what should we do as the next course of action ?

Do I need to wait for 6 months ?

If I wait for 6 months still how long it will take to get the Judgement from the court ?

As we do not have house now , Can we go ahead and construct the house in our 40 percent share however we are not sure which 40 percent is ours and if we construct the house do we have to face any consequences from court ?