Civil Procedure Code (CPC)

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Rek A   28 July 2021

Money Dispute

My father and my uncle hav joint business we hav 2 different shops but all the money goes in one account from last 30 years its either in uncle's acc or in his son's acc. Recently my uncle business has come to an end and now when my father is asking for money he is saying he doesn't have any money but he and his 3 family members hav shares each share value is very high so how my father can get the money of last 30 years which he has given to his brother to deposit in bank. And the shares my uncle have brought is in his name or his family members name. Is there any way my father can get the money back?


 8 Replies

Dr J C Vashista (Lawyer)     28 July 2021

Recovery of any amount can be effected within 3 years.

Rek A   28 July 2021

Sir I can't see complete text i can just see recovery of any amount can be?

G.L.N. Prasad (Retired employee.)     28 July 2021

The presumption is that the family is undivided and the business is a Joint family business.  The business is always supported by taxes on sales, income and purchases supported by invoices.  Contact a local advocate for the proper remedy for the recovery of such legitimate amount due from the joint family business.

Dr J C Vashista (Lawyer)     29 July 2021

Law do not provide room for assumptions and presumptions.

Consult and engage a local prudent lawyer for proper analyses of facts/documents, professional advise and necessary proceeding.

P. Venu (Advocate)     02 August 2021

The facts posted are inconsistent. On the one hand you say that the brothers have joint business and then you state that your uncle's business has come to an end!

Rek A   02 August 2021

i wrote there are 2 different shops above but my uncle shop is no more but my father shop is still there. But all the money from both Shops used to go in 1 acc

G.L.N. Prasad (Retired employee.)     02 August 2021

 

Maintenance of one account itself confirms that they are not separate and not maintaining individual accounts.  The experts already advised to contact a local advocate as the query lacks clarity. 

P. Venu (Advocate)     03 August 2021

Yes, no definite suggestion is possible unless documents are seen and facts discussed,  which only a local advocate can.


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