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Vadeghar Lakshman   01 June 2023

Change of proprietor in business q

Hi,

We have our family business ie jewellery shop with the proprietor as my father and my father expired recently. My father in laws want to change the proprietor name as their name. Currently they changed the proprietor name to my mother name. As we are the legal heirs of my father, Without agreeing all legal heirs of my father is it possible to change the proprietor name to their name? Fyi, we have legal heir certificate issued by court.



Quick Summary
This discussion addresses the complex issue of changing the proprietor of a family business following the owner's death. The original poster's father, the proprietor, has recently passed away. While the proprietor's name was initially changed to the mother's, the father-in-law is attempting to change it to his name. The core question is whether this can be done without the agreement of all legal heirs, especially since a legal heir certificate has been issued. Advice suggests that without the consent of all shareholders, property transfer or title changes are not possible, and a partition suit might be necessary. It's also strongly advised that the father-in-law has no legal standing to interfere in family matters.

 3 Replies

Real Soul.... (LEGAL)     01 June 2023

No , until all of the share holders does not agree the property cannot be transferred to any one nor the title changes. It is better you file for partition suit 

Dr. J C Vashista (Advocate )     02 June 2023

Father-in-law has no locus standi to interfer family concern, his action is invalid and illegal, show him exit door.

Vadeghar Lakshman   03 June 2023

Thank you sir for your kind reply.


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