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kareena seith (student)     26 February 2012

Discussion regarding undivided share of property

 

HERE WAS A PARTNERSHIP DEED IN 5 PARTNERS IN A SHOP IN DELHI.

 

ONE PARTNER SOLD HIS SHARE LEGALLY TO OTHER CO OWNERS OF THE SHOP.

 

ALL FOUR PARTNERS ARE DECEASED LONG BACK.

FIRST PARTNER HAVE 4 LEGAL HEIRS

3 BROTHERS

1 SISTER

2ND PARTNER HAVE HIS WIFE TILL ALIVE.

3RD PARTNER LEGAL HEIRS HAVE CONFIRMED REGISTERED relinquishment deed IN FAVOUR ONE LEGAL HIERS

4TH PARTNER LEFT WITH 2 LEGAL HIERS ALSO AGEE TO TRANSFER THERE SHARE

 

NOW THE 1ST PARTNER SONS HAVE SEVERAL DISPUTES WITH THERE FAMILY PROPERTY HOUSE SEPARATELY FROM THIS SHOP PROPERTY DUE THERE PERSONNEL DISPUTER ONE OF THE LEGAL HEIRS OF 1 ST PARTNER NOT AGREE TO SELL THERE SHARE AND OTHER 2 BROTHERS AND 1 SISTER IS AGREE WITH OTHER CO OWNERS.

 

THIS 1 CO OWNER HAVE NOW 6.25% SHARE IN THE SHOP PROPERTY LEGALLY, BUT CLAIM WITH THERE 2 BROTHERS+1 SISTER COMPLETE SHARE OF 25%

AND DUE TO HIS NON ACCEPTANCE THE OTHER CO-OWNERS CANNOT ABLE TO SELL THE PROPERTY AND PERFORM ANY ACTIVITY IN THE SHOP AND HE CREATES LOT OF LEGAL ISSUES TO OTHER CO OWNERS.

 

WHAT REMEDY IS AVAILABLE IN LAW FOR OTHER 75% SHARE CO OWNERS IN OUR LAW.

PLEASE ADVISE HOW TO SOLVE THIS KIND OF CASE DO YOU HAVE ANY SIMILAR JUDGEMENTS IN THIS CONCERN

 

FROM KAREENA SEITH

9810498178



Learning

 2 Replies

advocate rajan pandurang joshi (Proprietor)     26 February 2012

Read query. However, certain clarifications are required. Whether the partners were Hindus? Secondly how you have worked out the shares. who transferred his shares and who have agreed to release their shares? please make the query more clear to find the answer.

kareena seith (student)     26 February 2012

 

 Whether the partners were Hindus?

 

YES BUT PARTNERS WERE NOT BROTHERS IN RELATIONS 

2 ARE FRIENDS AND OTHER 2 ARE BROTHERS

 

Secondly how you have worked out the shares. who transferred his shares and who have agreed to release their shares?


SAY TOTAL SHARE IS 100 %

 

1ST PARTNER DEAD-----HAVE 3 BROTHERS 1 MARRIED SISTER

SO EACH HAVE 6.25% SHARE OF EACH

2 BROTHERS+ ONLY SISTER AGRESS TO RELEASE OR SELL THE SHARE

ONLY 1 SON OF 1ST PARTNER SHARED 6.25% NOT AGREE TO SELL OR RELEASE SHARES IN FAVOUR OF HIS 2 BROTHERS OR SISTER

IS THERE ANY REMEDY IN LAW HOW TO SOLVE THIS CASE.

2ND PARTNER DEAD---- HAVE HIS WIFE ALIVE AND DID GOT  RIGHTS THROUGH succession act DONE THROUGH COURT

HAVE COMPLETE 25% SHARE

3RD PARTNER DEAD---- OTHER LEGAL HIRERS HAVE MADE RELINQUISHMENT DEED IN FAVOUR OF 

ONE OF THE LEGAL HIRERS

4TH PARTNER DEAD-- OTHER LEGAL HIRERS HAVE MADE RELINQUISHMENT DEED IN FAVOUR OF 

ONE OF THE LEGAL HIRERS

ONLY 1 SON OF 1ST PARTNER SHARED 6.25% NOT AGREE TO SELL OR RELEASE SHARES IN FAVOUR OF HIS 2 BROTHERS OR SISTER


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