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Sanjay S   05 January 2021

Share in business revenue

My father passed away few years ago without any will and now the elder brother is looking at the day to day business of the my fathers hotel. But he seems to feel that he alone is the legal hier to the income from it. He has run the business well but it doesn't entitles him to the complete business income. I am in the service industry and doing a job.
What are my options for reclaiming a share in the income of the hotel. I humbly ask for guidance.


 6 Replies

Samayeta Bal   05 January 2021

Hello sir,

Did he leave behind any will?

Real Soul.... (LEGAL)     06 January 2021

Originally posted by : Samayeta Bal
Hello sir,

Did he leave behind any will?

laugh..hillarious..... the querest begins his query with the info that his father died without will..... ha ha ha

1 Like

Suhail suhail (LAWYER)     06 January 2021

Issue notice for partition and proceed

Real Soul.... (LEGAL)     06 January 2021

You should instantly call for the partition of property , as the property belongs to your father all his legal heirs are share holders. Before it will be too late and your brother will try to change the title or nature of  property diametrically , just secure your rights. 

Sanjay S   06 January 2021

Thanks Real Soul for your comments. He had done the name change in the property share certificate after convincing me and my sister that he needs it to get the hotel license in his name for smooth functioning of the business and we both did sign the papers and the society added his name and my mothers name in the property share certificate. After the beer bar license was made on his and my mothers name I asked him to change the property share certificate and he agreed and we have submitted the affidavit for it on court stamp papers to the society secretary and hopefully the share certificate will reflect my name as well. But what should I do after that. I hope I am legally entitled to the hotels income as well. Can he counter this claim legally in any way.

Dr J C Vashista (Advocate)     07 January 2021

Seek partition of the properties left intestate by deceased.

It will be better to consult and engage a local prudent lawyer for appreciation of facts/ docuemtns, professional advise and necessary proceeding.

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