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awin (CEO)     02 October 2014

Getting my legal rights and share in joint family business

Getting my legal rights and share in Joint family business.  We have a Joint family business since 40 years which has 4 diff businesses. My uncle who has expired has left me no where with my legal share no where to be seen in any of the businesses. Since Joint family is based on trust i did not initially protest.  But now some other members have played a game and have added their names and secured their legal share, leaving me without any legal share. When even the high court recently gave order that even girls will get share in Joint family business even after they get married,  then why cant i get  ?.

My question is - how do i get my legal share in this Joint family Business.  They have stopped giving me the profits also, so i do not have enough finance to fight case for years.  Please suggest a fast way to get me my legal share in about a years time if possible.     thanks



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 6 Replies

Rangee (Lawyer)     04 October 2014

Is is joint family or HUF pls clarify. if it is HUF you are safe otherwise it is by agreement of members please check the Income tax return etc.

R.S.K.Singh

awin (CEO)     05 October 2014

It is not HUF.  It is Joint family where i can prove with documents that i was a partner earlier in 2 of the businesses which later on got changed by my uncle, then my father was a trustee in a trust which owns a land (my father has expired 15 years ago).  I was made MD for name sake and that co business was run by other family members, they took huge loans on that co. and made it loss making. but i still am currently MD of that co., which has many of the joint family members as share holders.  Actually its due to my uncle who was the head of the Joint family, who did not put my share in other cos as his way of working was hapazard.  

My question is - like a girl who is a member of the Joint family and then gets married also has right to the property and businesses of the Joint family (even thought her share is not there previously) as per the recent order of the High court,   then why cant i being a male member get the same rights and share. 

thanks, 

Rangee (Lawyer)     06 October 2014

It is understood that you are MD of Company and all your family members are share holders. You have to act and find solution with in the frame work of Company law being MD you should be aware what is financial position of your company you should be aware of what is Balance sheet were the money is being invested and your CA should guide you properly. Joint family business  is applicable for HUF business normally registered with Income Tax Department. You are governed by Company Law and hence find solution consulting your CA and good Lawyer.

R.S.K.Singh 

awin (CEO)     06 October 2014

Thank you for your prompt reply.     Sir,  Please do not go on the MD issue, my question is not about MD. I do know that.   My question is if a girl who is part of the joint family can get her share in joint family even after her marriage,  then why cant i.  Please show me how can i get my share in shortest possible way and time. 

awincc at gmail

 

Rangee (Lawyer)     07 October 2014

You have to find answer and solution to your problem in the law which governed not under the law which is not governed. Law  does not operate by comparing different laws. Each Statue operates independently in your case it is simple the business is not HUF. Your share in the business by agreement if it is partnership firm or limited to your share held in your name if it Company. If the entire shares and promoters money has been funded from the money which is part of undivided Hindu jiont family and this condition has been incorporated in the articles of Association of Company then you may proceed as per Hindu Law and apply for partition of assets including the Company.

R.S.K.Singh 

awin (CEO)     07 October 2014

thanks.

seems i have no recourse.  unlike the girl child who gets it even after she gets married as per the high courts latest order


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