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v.lakshminarayanan (prop)     02 August 2012

Partition - repeat query - urgent

dear learned members

this is a repeat and urgent query. kindly clarify as early as possible. possibly, i did not send the earlier query to the correct section.

a,b and c are members of a hindu family. the original owner of the property died intestate leaving these three heirs.

there are three business firms, each of them proprietory firms, are running in the names of the two heirs and the wife of one of the heirs. one of the heirs is running the firms. the original owner started all the three firms in the names of his heirs. all firms have individual accounts.

the audit of the firms is done by one of the legal heirs himself and so far he has not passed any adverse remarks.

however, he is refusing to join other heirs in partitioning the property.

my doubt is when one of the heirs sues the others for partition of the property, can one heir who is also the auditor of the three firms apply to the court for an order restraining the heir from running the business, and also for rendering of accounts and appointment of receiver? in such case, how will the court generally view such applications?

please enlighten me URGENTLY.

thanks

yours

v.lakshminarayanan

palani 



Learning

 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     02 August 2012

He can file an application in the court to seek Injunction order.  If filed you have to contest.


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