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Jyotiranjan Mallick   28 April 2020

reconstitution of regular gas agency

my mother is a regular bharat gas agency distributor. my elder brother (married) ia a gramin gas agency distributor. we are two brothers and three sisters. I m the younger brother and married too. all my sisters are married too. now who will be legal heir of my mother's gas agency. my mother too wants too give my elder brother 50 percent of her gas distributorship. but no single person have two gas agencies. can my brother make his wife as partner in my mother's gas agency. what are my legal chances of being the 100 percent legal heir of my mother's gas agency?


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 8 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     28 April 2020

Hello Jyotiranjan!

As per the LPG Distributorship policy, a person is allowed to apply for multiple dealership, subject to it is at different locations.

In your case both the distributorshipp are at different locations. so your brother can have a 50% share in his name and balance 50% in your name.

Further, if there is a nomination filled up by your mother in your brother and your favour, then both of you would be jointly given the distributorship as per the nomination form, subject to you both qualify the eligibility.

Hope, your query is answered. incase of any further doubt. you may rasie further question.

 

Regards

Adv. Rohit Dalmia

Jyotiranjan Mallick   28 April 2020

My brother has indane gramin gas agency which 25 km away from my mother's regular bharat gas agency in the same district.

G.L.N. Prasad (Retired employee.)     29 April 2020

Please search on the Bharat Petroleum website, as all public sector Oil companies uploaded eligibility norms for getting such a dealership agency.   You are one legal heir of your mother and just a co-sharer, you can not exclusively claim any rights for the entire dealership and it is the discretion of Bharat Gas company to appoint dealers.  They are not bound by any legal heir claims and agents are appointed by them on their own terms and conditions.  Agency can not be claimed as a matter of right as legal heir.  Contact the company and they can guide you properly.

SHIRISH PAWAR, 7738990900 (Advocate)     29 April 2020

Dear querist,

You mother can give your brother's share to your brother's wife. So there will not be any legal consequences in future.

Regards,

 

G.L.N. Prasad (Retired employee.)     29 April 2020

@SHIRISH PAWAR:  The main problem of the queriest is that instead of giving him his legitimate share, his mother wanted to give the dealership to his brother, who is already having a dealership.  His agony is that the mother is not considering his rights and interests.

P. Venu (Advocate)     29 April 2020

The author cannot have any legitimate rights during the mother's lifetime. The posting suggests that the mother does not have the confidence and trust in the author, for reasons better known to him. It is for the author to take care of those aspects and win back the mother's trust. Law provides no remedy in matters involving love and trust between the mother and the son.

G.L.N. Prasad (Retired employee.)     29 April 2020

Further, such dealership appointed on specific qualifications (Women quota, Ex-Servicemen, Sports, Local etc) on a well-laid appraisal system for an appointment  is not inheritable.  (In other words, if the dealership was given on the basis of women quota, his son is not having right to claim dealership on inheritance basis, and he may get preference but should apply and get fresh dealership)

EvelinLarson   14 April 2023

Hey there! I just stumbled upon your old thread and wanted to chime in. It's cool that your family is running a gas agency business! Regarding your question, it's not legal for your brother to have two gas agencies or make his wife a partner in your mom's agency. So that's a no-go.


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