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Maheshwari (Housewife)     07 December 2011

Family dispute

Dear Sir,

I have a query, my father expired last year and he has not left behind any will, we are 6 Childrens (3 daughters & 3 Sons) and my mother. My father had is own business (small factory) in his name and 2 Sites in tamilnadu and our house presently where my mother and 1 unmarried sister and 2 unmarried brother are staying. Apart from this he had started a small time business with one of his friend for which my mother is the partner from day one(since 1988).  After my father death my father's friend wanted to close the factory due to his personal problem, but since this was the only bread earning source for my mother, I paid the money (from my husand's account) and before the partner of the company by executing an reconsitution deed,and one umarried brother has a fitness centre which he has established from obtaining loans and other sources, this was done when my father was alive only. My elder brother who is married and lives seperate for the last 6 years,, is now claiming that he wants the factory and house in his name, since he is the eldest and he has been working with  my father for the past 15-20 years. My father died due to Lung Cancer, we had spent lot of money for his treatment.

For the past one year after my father's death and immediate after my father's death my brother is creating problems, he himself locked the factory and lodged a complaint against other 2 brothers and he simply voluntary,  lodged a complaint against everybody stating that we had harassed him and his wife and now has filed a civil suit and has taken some temporary injunction for not the sell any of the property and further he is claiming right over the business which is being run by my mother and me and fitness centre run by my younger brother. Still we have 3 childrens to get married, which my brother is not listening.

Now what will happen to case, will it drag on and will my brother get half of the share in all the properties including my mother business and brother's fitness centre. Now my mother's health is bad and due to this problem. Now were not 

Please Advice Sir.

Thanks,

Maheshwari Chandru

 

 



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 3 Replies

A.VIVEK ADVOCATE (ADVOCATE)     07 December 2011

youself , all your brothers,sisters, and you mother are have 1/7  share in your fathers property . depending upon the court work load and pendence of the cases your brother case will be come to an end, that will take some time, you have to chellage the case. 

Maheshwari (Housewife)     07 December 2011

Thanks Sir,

But what will happen to the business run by me and my mother and my younger brother's fitness centre, will we have to share 1/7th in these also.

 

Pls advice.

Regards,

Maheshwari chandru.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     09 December 2011

Dear Maheshwari,

 

With regard to partnership firm, he cant claim any right over the firm since your mother is still alive and it is her business to that effect you have to evidences.

Even if assuming that partnership firm share is 50% which is belonging to family. then he will be given only 1/7th share in such 50% partnership.

You brother cant claim any right over the remaining 50% share which you have acquired through ur husband's money.


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